Florida Statute 49.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.031

49.031 Sworn statement as condition precedent.—

(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff’s agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.

(2) As used in this chapter:

(a) The word “plaintiff” means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means.

(b) The word “defendant” means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action.

(3) After the entry of a final judgment or decree in any action no sworn statement shall ever be held defective for failure to state a required fact if the fact otherwise appears from the record in the action.

History.—s. 3, ch. 20452, 1941; s. 2, ch. 28301, 1953; s. 5, ch. 67-254; s. 1, ch. 74-152; s. 286, ch. 95-147.

Note.—Former s. 48.03.

F.S. 49.031 on Google Scholar

F.S. 49.031 on Casetext

Amendments to 49.031

Arrestable Offenses / Crimes under Fla. Stat. 49.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.031.

Annotations, Discussions, Cases:

Cases Citing Statute 49.031

Total Results: 20

Inter American Coal v. She Ddf2-Fl2

Court: District Court of Appeal of Florida | Date Filed: 2018-09-05

Citation: 255 So. 3d 432

Snippet: in attempting to serve Inter American. See §§ 49.031 (sworn statement as a condition precedent for service

Archer v. U.S. Bank National Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2017-03-31

Citation: 220 So. 3d 477, 2017 WL 1202683, 2017 Fla. App. LEXIS 4418

Snippet: diligent search requirements set forth in sections 49.031 and 49.041, Florida Statutes (2013). The trial

Wolfe v. Stevens

Court: District Court of Appeal of Florida | Date Filed: 2007-10-05

Citation: 965 So. 2d 1257, 2007 WL 2891413

Snippet: statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (2005), and subsequently

Dept. of Children and Families v. JJE

Court: District Court of Appeal of Florida | Date Filed: 2007-03-30

Citation: 953 So. 2d 659, 2007 Fla. App. LEXIS 4670

Snippet: personal service could not be obtained. Section 49.031(1) Florida Statutes (2006); Floyd. The sworn statement

M.E. v. N.P.S.

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 804 So. 2d 548, 2002 Fla. App. LEXIS 232

Snippet: name and residence of the person to be served. §§ 49.031, 49.041, Fla. Stat. (1997). The issue at the hearing

Me v. Nps

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 804 So. 2d 548, 2002 WL 54045

Snippet: name and residence of the person to be served. §§ 49.031, 49.041, Fla. Stat. (1997). The issue at the hearing

Reina v. Barnett Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2000-02-16

Citation: 766 So. 2d 290, 2000 WL 174611

Snippet: this case, the Bank relied on sections 49.011(1), 49.031, and 49.041, Florida Statutes (1997).

Grier v. Florida Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 1998-06-17

Citation: 710 So. 2d 1384, 1998 Fla. App. LEXIS 7414

Snippet: to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after

Honegger v. COASTAL FERTILIZER & SUPPLY

Court: District Court of Appeal of Florida | Date Filed: 1998-06-12

Citation: 712 So. 2d 1161, 1998 WL 372398

Snippet: for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily

Corneal v. O'Brien

Court: District Court of Appeal of Florida | Date Filed: 1998-03-11

Citation: 707 So. 2d 908, 1998 Fla. App. LEXIS 2289, 1998 WL 103746

Snippet: of diligent search as required by statute. See § 49.031, Fla. Stat. (1995). In sum, as *909defendant argues

Floyd v. Federal Nat. Mortg. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1998-01-09

Citation: 704 So. 2d 1110, 1998 Fla. App. LEXIS 138, 1998 WL 4093

Snippet: discover the names and addresses of the defendants. §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). The affidavit

Baynes v. Baynes

Court: District Court of Appeal of Florida | Date Filed: 1997-03-19

Citation: 690 So. 2d 662, 1997 Fla. App. LEXIS 2490

Snippet: diligent search and inquiry pursuant to sections 49.031 through 49.041, Florida Statutes *663(1995), wherein

Tindal v. Varner

Court: District Court of Appeal of Florida | Date Filed: 1996-02-07

Citation: 667 So. 2d 890, 1996 WL 46594

Snippet: statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (1993), which tracks

Batchin v. Barnett Bank of Southwest Florida

Court: District Court of Appeal of Florida | Date Filed: 1994-08-05

Citation: 647 So. 2d 211, 1994 Fla. App. LEXIS 7809, 1994 WL 406674

Snippet: statement is a condition precedent to such service. § 49.031, Fla. Stat. (1991). A party seeking service under

Demars v. VILLAGE OR SANDALWOOD LAKES

Court: District Court of Appeal of Florida | Date Filed: 1993-04-07

Citation: 625 So. 2d 1219, 1993 WL 100150

Snippet: the statute. This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter

Tompkins v. Barnett Bank of St. Johns County

Court: District Court of Appeal of Florida | Date Filed: 1985-11-21

Citation: 478 So. 2d 878, 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

Snippet: property within the jurisdiction of the court. Section 49.031 provides: (1)As a condition precedent to service

Mouzon v. Mouzon

Court: District Court of Appeal of Florida | Date Filed: 1984-11-01

Citation: 458 So. 2d 381

Snippet: personal service of process. [15] See §§ 49.021(1); 49.031; 49.041; 49.08; 49.10; 49.12, Fla. Stat. [16]

Poe v. Estate of Levy

Court: District Court of Appeal of Florida | Date Filed: 1982-03-03

Citation: 411 So. 2d 253

Snippet: agreement is unenforceable. Hewitt v. Hewitt, 77 Ill.2d 49, 31 Ill.Dec. 827, 394 N.E.2d 1204 (1979); Restatement

Hyman v. Canter

Court: District Court of Appeal of Florida | Date Filed: 1980-10-21

Citation: 389 So. 2d 322

Snippet: admitted by Hyman, erroneously entered, Sections 49.031 and 49.041, Florida Statutes (1979); (2) where

Mayo v. Mayo

Court: District Court of Appeal of Florida | Date Filed: 1977-04-13

Citation: 344 So. 2d 933

Snippet: the petitioner, his agent or attorney. Section 49.031(1), Florida Statutes. Where, as here, a natural