Florida Statutes

Fla. Stat. § 49.011 (2025)

Service of process by publication; cases in which allowed.

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49.011 Service of process by publication; cases in which allowed.—Service of process by publication may be made in any court on any party identified in s. 49.021 in any action or proceeding:

(1) To enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.

(2) To quiet title or remove any encumbrance, lien, or cloud on the title to any real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.

(3) To partition real or personal property within the jurisdiction of the court.

(4) For dissolution or annulment of marriage.

(5) For the construction of any will, deed, contract, or other written instrument and for a judicial declaration or enforcement of any legal or equitable right, title, claim, lien, or interest thereunder.

(6) To reestablish a lost instrument or record which has or should have its situs within the jurisdiction of the court.

(7) In which a writ of replevin, garnishment, or attachment has been issued and executed.

(8) In which any other writ or process has been issued and executed which places any property, fund, or debt in the custody of a court.

(9) To revive a judgment by motion or scire facias.

(10) For adoption.

(11) In which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(12) In probate or guardianship proceedings in which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(13) For termination of parental rights pursuant to part VIII of chapter 39 or chapter 63.

(14) For temporary custody of a minor child, under chapter 751.

(15) To determine paternity, but only as to:

(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father; or

(b) The legal mother when there is no legal father.

History.—s. 1, ch. 20452, 1941; s. 5, ch. 67-254; s. 15, ch. 71-355; s. 1, ch. 73-5; s. 1, ch. 73-300; s. 13, ch. 84-311; s. 7, ch. 93-104; s. 45, ch. 94-164; s. 14, ch. 98-280; s. 20, ch. 99-2; s. 1, ch. 2007-85; s. 2, ch. 2008-151; s. 8, ch. 2010-30; s. 44, ch. 2011-213; s. 16, ch. 2022-190.

Note.—Former s. 48.01.

Notes of Decisions

Cited in 92 cases (17 in the last 5 years), 1970–2025 · leading case: Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986).

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Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986). · cites it 13× “On appeal, the First Circuit found the matter sufficiently in doubt to warrant certifying the following questions to this Court: *1227 (1) Can a Florida court obtain jurisdiction in personam over a non-resident corporation through constructive service of process under Fla. Stat.…”

Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984). · cites it 12× “The court recognized that while section 49.011, Florida Statutes (1981) provides that service of process "by publication may be had in any court on any person mentioned in section 49.”

Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991). · cites it 13× “Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”

Drury v. Nat'l Auto Lenders, Inc., 83 So. 3d 951 (Fla. 3d DCA 2012). · cites it 8× “540(b)(4), for relief from a default money judgment obtained against him after he was served with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the judgment is void.”

Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976). · cites it 6× “Service of process by publication was attempted in accordance with Fla. Stat. § 49.011 (1973). Respondent did not appear in the cause and default judgment was entered against him.”

Giron v. Ugly Mortg., Inc., 935 So. 2d 580 (Fla. 3d DCA 2006). · cites it 4× “It filed an affidavit of diligent search and claimed to have perfected constructive service pursuant to section 49.011, Florida Statutes (2005). A Final Summary Judgment of Foreclosure was entered and the property was sold pursuant to court order.”

Grissom v. Dade Cnty., 293 So. 2d 59 (Fla. 1974). · cites it 7× “The merits of the appellant's right to adopt this child is clearly not the issue.”

Florida Dept. of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006). · cites it 2× “(2000) (requiring personal service); see also § 49.011, Fla. Stat. (2000) (listing the actions and proceedings in which service of process by publication may be made a list that does not include paternity actions); see also T.”

Archer v. U.S. Bank Nat'l Ass'n, 220 So. 3d 477 (Fla. 5th DCA 2017). · cites it 3× “4th DCA 1986); see also § 49.011(1), Fla. Stat. (2013). Additionally, Archer’s motion to dismiss, filed in conjunction with the motion to quash, alleged that dismissal was appropriate because the service was untimely under Florida Rule of Civil Procedure 1.”

Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985). · cites it 4× “Section 49.011(1), Florida Statutes, has a separate provision for an action to enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court.”

Arnstein v. Arnstein, 422 So. 2d 1052 (Fla. 4th DCA 1982). · cites it 4× “Responding to the concerns of the special concurring opinion, Section 49.011 Florida Statutes (1981) provides that service of process "by publication may be made in any court on any person mentioned in s.”

Shepheard v. Deutsche Bank Trust Co., 922 So. 2d 340 (Fla. 5th DCA 2006). · cites it 2× “See § 49.011, Fla. Stat. (2003). However, it may do so only "[w]here personal service of process or .”

Show all 92 citing cases →

— 49.011(1) — 10 cases

Archer v. U.S. Bank Nat'l Ass'n, 220 So. 3d 477 (Fla. 5th DCA 2017). “4th DCA 1986); see also § 49.011(1), Fla. Stat. (2013). Additionally, Archer’s motion to dismiss, filed in conjunction with the motion to quash, alleged that dismissal was appropriate because the service was untimely under Florida Rule of Civil Procedure 1.”

Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991). “Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”

Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985). “Section 49.011(1), Florida Statutes, has a separate provision for an action to enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court.”

NCNB NAT. BK., FLA. v. Pyramid Corp., 497 So. 2d 1353 (Fla. 4th DCA 1986).

Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984).

— 49.011(10) — 2 cases

Grissom v. Dade Cnty., 293 So. 2d 59 (Fla. 1974). “The merits of the appellant's right to adopt this child is clearly not the issue.”

Grissom v. Dade Cnty., 279 So. 2d 899 (Fla. 3d DCA 1973).

— 49.011(11) — 1 case

Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984). “The court recognized that while section 49.011, Florida Statutes (1981) provides that service of process "by publication may be had in any court on any person mentioned in section 49.”

— 49.011(13) — 2 cases

JM v. Dep't of Child. & Families, 833 So. 2d 279 (Fla. 5th DCA 2002).

Dept. of Child. & Families v. JJE, 953 So. 2d 659 (Fla. 5th DCA 2007).

— 49.011(2) — 3 cases

Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991). “Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”

Craig a. Marlowe Vs City of St. Augustine, Kevin Van Dyke, Marcy a. Van Dyke, Paul a. Leonard & Susan J. Leonard, Trs. of the Leonard Fam. Revocable Living Trust Dated 23rd January, 2007, Et Al (Fla. 1st DCA 2023).

— 49.011(3) — 1 case

Miller v. Partin, 31 So. 3d 224 (Fla. 5th DCA 2010).

— 49.011(4) — 12 cases

Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980).

Mayo v. Mayo, 344 So. 2d 933 (Fla. 2d DCA 1977).

Scott-Lubin v. Lubin, 49 So. 3d 838 (Fla. 4th DCA 2010).

— 49.011(5) — 1 case

Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986). “On appeal, the First Circuit found the matter sufficiently in doubt to warrant certifying the following questions to this Court: *1227 (1) Can a Florida court obtain jurisdiction in personam over a non-resident corporation through constructive service of process under Fla. Stat.…”

— 49.011(7) — 1 case

Williams Mgmt. Enter. v. Buonauro, 489 So. 2d 160 (Fla. 5th DCA 1986).

— 49.011(9) — 1 case

Commercebank, Na v. Taylor, 964 So. 2d 817 (Fla. 3d DCA 2007).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.