Florida Statute 49.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.021

49.021 Service of process by publication, upon whom.—Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including:

(1) Any known or unknown natural person, and, when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under, or against any known or unknown person who is known to be dead or is not known to be either dead or alive;

(2) Any corporation or other legal entity, whether its domicile be foreign, domestic, or unknown, and whether dissolved or existing, including corporations or other legal entities not known to be dissolved or existing, and, when described as such, the unknown assigns, successors in interest, trustees, or any other party claiming by, through, under, or against any named corporation or legal entity;

(3) Any group, firm, entity, or persons who operate or do business, or have operated or done business, in this state, under a name or title which includes the word “corporation,” “company,” “incorporated,” “inc.,” or any combination thereof, or under a name or title which indicates, tends to indicate or leads one to think that the same may be a corporation or other legal entity; and

(4) All claimants under any of such parties.

Unknown parties may be proceeded against exclusively or together with other parties.

History.—s. 2, ch. 20452, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-254; s. 6, ch. 93-250.

Note.—Former s. 48.02.

F.S. 49.021 on Google Scholar

F.S. 49.021 on CourtListener

Amendments to 49.021

Annotations, Discussions, Cases:

Cases Citing Statute 49.021

Total Results: 33

Bedford Computer Corp. v. Graphic Press, Inc.

484 So. 2d 1225, 11 Fla. L. Weekly 87, 1986 Fla. LEXIS 1724

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1344532

Cited 29 times | Published

authorize constructive service by publication. Section 49.021, Florida Statutes (1983), states: "Where personal

Mouzon v. Mouzon

458 So. 2d 381

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1733117

Cited 20 times | Published

personal service of process cannot be had. Fla. Stat. § 49.021 (1981). This is consistent with Mullane, supra

Estate of Bobinger v. Deltona Corp.

563 So. 2d 739, 1990 WL 77248

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 1682839

Cited 14 times | Published

are, therefore, the very persons upon whom section 49.021 contemplates service by publication in this

Tjk v. Nb

237 So. 2d 592, 1970 Fla. App. LEXIS 6205

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 1370474

Cited 12 times | Published

be made in any court on any person mentioned in § 49.021, in any action or proceeding: *595 (12) Wherein

Shepheard v. Deutsche Bank Trust Co.

922 So. 2d 340, 2006 WL 435697

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 1282633

Cited 11 times | Published

service of process under § 48.194 cannot be had." § 49.021, Fla. Stat. (2005). For service by publication

Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc.

593 So. 2d 549, 1992 Fla. App. LEXIS 324, 1992 WL 7201

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 2541536

Cited 10 times | Published

clerk to sell the property at public sale. Section 49.021, Florida Statutes (1987) reads in pertinent

McCabe v. McCabe

600 So. 2d 1181, 1992 WL 106958

District Court of Appeal of Florida | Filed: May 22, 1992 | Docket: 539420

Cited 9 times | Published

193(1)(e), service by publication pursuant to section 49.021, Florida Statutes (1991) would be proper only

Zieman v. Cosio

578 So. 2d 332, 1991 WL 45202

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 440653

Cited 9 times | Published

appellants are among those persons mentioned in section 49.021. [3] We must presume that the legislature

Redfield Invs. v. Village of Pinecrest

990 So. 2d 1135, 2008 WL 4057960

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1291522

Cited 5 times | Published

utilized where personal service can be had, see § 49.021, the use of such qualifying terminology, at a

Lewis v. Fifth Third Mortgage Co.

38 So. 3d 157, 2010 Fla. App. LEXIS 1362, 2010 WL 445896

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 60294555

Cited 4 times | Published

service of process under s. 48.194 cannot be had.” § 49.021, Fla. Stat. (2007) (emphasis added); see Taylor

Wolf Sanitary Wiping Cloth, Inc. v. Wolf

526 So. 2d 702, 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1679828

Cited 4 times | Published

Although Bedford involved service rendered under section 49.021, Florida Statutes (1985), there is no reason

Shefer v. Shefer

440 So. 2d 1319

District Court of Appeal of Florida | Filed: Nov 1, 1983 | Docket: 1194952

Cited 4 times | Published

1982) (Anstead, J., specially concurring). Section 49.021 may be utilized only where, as here, personal

Palmer v. Palmer

353 So. 2d 1271

District Court of Appeal of Florida | Filed: Jan 20, 1978 | Docket: 424261

Cited 4 times | Published

and 48.194 or service by publication under Section 49.021, Florida Statutes (1975). She had the option

Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C.

79 So. 3d 67, 2011 Fla. App. LEXIS 19200, 2011 WL 6032692

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2353093

Cited 2 times | Published

provision of section 48.061 controlled over section 49.021, instead pointing out that the courts are required

1321 Whitfield, LLC v. Silverman

67 So. 3d 435, 2011 Fla. App. LEXIS 13337, 2011 WL 3685757

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 60302111

Cited 2 times | Published

limited liability company is permitted under section 49.021(2), Florida Statutes (2009). And because Whitfield

JM v. Department of Children & Families

938 So. 2d 620

District Court of Appeal of Florida | Filed: Oct 5, 2006 | Docket: 1673675

Cited 2 times | Published

which case constructive service is authorized. § 49.021, Fla. Stat. (2005); Fla. R. Juv. P. 8.505(a)(1);

GREG HOWARD v. DAVID GUALT

259 So. 3d 119

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109847

Cited 1 times | Published

4th DCA 2016) (citations omitted); Fla. Stat. § 49.021 (2014). The plaintiff’s affidavit of diligent

Green Emerald Homes, LLC v. Bank of New York Mellon

204 So. 3d 512

District Court of Appeal of Florida | Filed: Aug 8, 2016 | Docket: 63630611

Cited 1 times | Published

Silverman, 67 So.3d 435, 436 (Fla. 2d DCA 2011). As section 49.021, Florida Statutes (2014), allows for constructive

Risman v. Whittaker

326 So. 2d 213

District Court of Appeal of Florida | Filed: Feb 6, 1976 | Docket: 1729152

Cited 1 times | Published

duly perfected upon the defendants via Fla. Stat. § 49.021 (1973), which provides: "49.021 Service of process

T. J. K. v. N. B.

237 So. 2d 592

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 64515567

Cited 1 times | Published

be made in any court on any person mentioned in § 49.021, in any action or pro*595ceeding: (12) Wherein

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034255

Published

made in any court on any party identified in [section 49.021, Florida Statutes], in any action or proceeding”

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Jul 14, 2023 | Docket: 68034255

Published

made in any court on any party identified in [section 49.021, Florida Statutes], in any action or proceeding”

Epstein v. Brunel

271 So. 3d 1173

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988979

Published

service of process by publication pursuant to section 49.021 was appropriate because defendant’s residence

RAFAEL BENAVENTE and CLARA E. BENAVENTE v. OCEAN VILLAGE PROPERTY OWNERS ASSOC., INC.

260 So. 3d 313

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338756

Published

DCA 2016); accord § 49.011, Fla. Stat. (2017); § 49.021, Fla. Stat. (2017); § 49.041, Fla. Stat. (2017);

Estela v. Cavalcanti

76 So. 3d 1054, 2011 Fla. App. LEXIS 20460, 2011 WL 6372943

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304151

Published

Kurzbard, 954 So.2d 1179, 1181 (Fla. 3d DCA2007). Section 49.021, Florida Statutes (2010), provides, in pertinent

Miller v. Partin

31 So. 3d 224, 2010 Fla. App. LEXIS 3378, 2010 WL 837863

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1151436

Published

party, natural or corporation, known or unknown. § 49.021, Fla. Stat. (2007). Pursuant to section 49.011

Kopecky v. Kopecka

967 So. 2d 1109, 2007 Fla. App. LEXIS 18148, 2007 WL 3355576

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853036

Published

[f]or dissolution or annulment of marriage.” Section 49.021(1) provides in pertinent part that service

Helbig v. Schneider

686 So. 2d 742, 1997 Fla. App. LEXIS 93, 1997 WL 7133

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770438

Published

publication in a newspaper apparently pursuant to section 49.021, Florida Statutes (1993). Appellant made a

Gross v. Fidelity Federal Savings Bank of Florida

579 So. 2d 846, 1991 Fla. App. LEXIS 4430, 1991 WL 76529

District Court of Appeal of Florida | Filed: May 15, 1991 | Docket: 64658806

Published

of course, with the language of the statute, section 49.021, Florida Statutes (1989), which says: Where

Palomino v. Federal National Mortgage Ass'n

504 So. 2d 445, 12 Fla. L. Weekly 666, 1987 Fla. App. LEXIS 7126

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625993

Published

directions to quash service of process. . Section 49.021(1) provides: 49.021 Service of process by publication

Smith v. Town of Bithlo

314 So. 2d 212, 1975 Fla. App. LEXIS 13717

District Court of Appeal of Florida | Filed: Jun 6, 1975 | Docket: 64547217

Published

via Fla.Stat. § 48.111(3) (1973) and Fla.Stat. § 49.021 (1973). Thus the action should not have been abated

Dade County v. Eastern Air Lines, Inc.

207 So. 2d 13, 1968 Fla. App. LEXIS 5859

District Court of Appeal of Florida | Filed: Feb 13, 1968 | Docket: 64504006

Published

Sutherland Statutory Construction 3rd ed., Vol. 2, § 49.21. This construction compels the decision that the

Dade County v. Eastern Air Lines, Inc.

207 So. 2d 13, 1968 Fla. App. LEXIS 5859

District Court of Appeal of Florida | Filed: Feb 13, 1968 | Docket: 64504006

Published

Sutherland Statutory Construction 3rd ed., Vol. 2, § 49.21. This construction compels the decision that the