49.011
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 Computer Corp. v. Graphic Press, Inc.
Bedford Computer Corp. v. Graphic Press, Inc. (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.…”
Mouzon v. Mouzon (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.”
Zieman v. Cosio (1991)
“Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”
Drury v. NATIONAL AUTO LENDERS, INC. (2012)
“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 (1976)
“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 Mortgage, Inc. (2006)
“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 County (1974)
“The merits of the appellant's right to adopt this child is clearly not the issue.”
Florida Dept. of Revenue v. Cummings (2006)
“(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 National Ass'n (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.”
Whigham v. Whigham (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.”
Arnstein v. Arnstein (1982)
“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. (2006)
“See § 49.011, Fla. Stat. (2003). However, it may do so only "[w]here personal service of process or .”
— 49.011(1) — 10 cases
Archer v. U.S. Bank National Ass'n (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 (1991)
“Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”
Whigham v. Whigham (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.”
Burton v. Burton (1984)
— 49.011(10) — 2 cases
Grissom v. Dade County (1974)
“The merits of the appellant's right to adopt this child is clearly not the issue.”
Grissom v. Dade County (1973)
— 49.011(11) — 1 case
Mouzon v. Mouzon (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
— 49.011(2) — 3 cases
Zieman v. Cosio (1991)
“Subsequently, the trial court denied Zieman's motion to set aside the judgment based on lack of personal jurisdiction.”
— 49.011(3) — 1 case
Miller v. Partin (2010)
— 49.011(4) — 12 cases
Mouzon v. Mouzon (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.”
Gelkop v. Gelkop (1980)
Whigham v. Whigham (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.”
Mayo v. Mayo (1977)
Scott-Lubin v. Lubin (2010)
— 49.011(5) — 1 case
Bedford Computer Corp. v. Graphic Press, Inc. (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
— 49.011(9) — 1 case
COMMERCEBANK, NA v. Taylor (2007)
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