Florida Statutes

Fla. Stat. § 48.20 (2025)

Service of process on Sunday.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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48.20 Service of process on Sunday.Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, warrant, order, or judgment. If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the trial court judge may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day.
History.s. 44, Nov. 23, 1828; RS 1025; GS 1413; RGS 2611; CGL 4275; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 283, ch. 95-147; s. 5, ch. 2004-11.
Note.Former s. 47.46.
Notes of Decisions
Cited in 5 cases, 1977–1994 · leading case: Laramore v. State, 342 So. 2d 90 (Fla. 1st DCA 1977).
Laramore v. State, 342 So. 2d 90 (Fla. 1st DCA 1977). · cites it 3× “Section 48.20, Florida Statutes (1975) provides: “Service or execution on Sunday of any writ, process, warrant, order or judgment is void .”
Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 2d DCA 1994). · cites it 2× “Section 48.20, Florida Statutes (1991) provides that service of process on a Sunday is void, and a motion to quash service on Sunday has been reviewed by interlocutory appeal.”
Comisky v. Rosen Mgmt. Serv., 630 So. 2d 628 (Fla. 4th DCA 1994). · cites it 2× “Section 48.20, Florida Statutes (1991) provides that service of process on a Sunday is void, and a motion to quash service on Sunday has been reviewed by interlocutory appeal.”
City of Hialeah v. Weber, 491 So. 2d 1204 (Fla. 1st DCA 1986). “While circumstances might be envisioned in which an off-duty police officer would be considered to be the employee of the off-duty employer for purposes of workers' compensation coverage, the evidence in this case establishes unequivocally that claimant was performing his job as…”
Miller v. Johnson, 466 So. 2d 340 (Fla. 5th DCA 1985). · cites it 4× “Section 48.20, Florida Statutes provides: Service of process on Sunday.”
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