Florida Statutes

Fla. Stat. § 49.031 (2025)

Sworn statement as condition precedent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 25 cases (8 in the last 5 years), 1970–2025 · leading case: Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976).

Sort: Relevance Newest Treatment

Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976). · cites it 4× “Fla. Stat. § 49.031 requires, as a condition precedent to service of process by publication under Chapter 49, the filing of a sworn statement.”

Demars v. Vill. or Sandalwood Lakes, 625 So. 2d 1219 (Fla. 4th DCA 1993). · cites it 2× “This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter 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…”

Floyd v. Fed. Nat. Mortg. Ass'n, 704 So. 2d 1110 (Fla. 5th DCA 1998). · cites it 2× “As a prerequisite to constructive service, a plaintiff (or plaintiff's attorney) must file an affidavit showing, inter alia, that a diligent search has been made to discover the names and addresses of the defendants.”

Batchin v. Barnett Bank of Sw. Florida, 647 So. 2d 211 (Fla. 2d DCA 1994). · cites it 2× “§ 49.031, Fla. Stat. (1991). A party seeking service under chapter 49 may choose from four different types of sworn statements, depending on the status of the defendant.”

Honegger v. Coastal Fertilizer & Supply, 712 So. 2d 1161 (Fla. 2d DCA 1998). · cites it 2× “Thereafter, Coastal filed a sworn statement for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily News published a notice of action.”

Mayo v. Mayo, 344 So. 2d 933 (Fla. 2d DCA 1977). · cites it 2× “Section 49.031(1), Florida Statutes. Where, as here, a natural person is the defendant to be served by publication, the requirements for the sworn statement are governed by Section 49.”

Corneal v. O'Brien, 707 So. 2d 908 (Fla. 3d DCA 1998). · cites it 2× “See § 49.031, Fla. Stat. (1995). In sum, as *909 defendant argues and plaintiff now concedes, the requirements for substituted service, having not been strictly complied with, remand for vacation of the default is appropriate.”

Dept. of Child. & Families v. JJE, 953 So. 2d 659 (Fla. 5th DCA 2007). · cites it 2× “Section 49.031(1) Florida Statutes (2006); Floyd .”

Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996). · cites it 2× “See § 49.031(3), Fla.Stat. (1993). Because Ms.”

Inter Am. Coal v. She Ddf2-Fl2, 255 So. 3d 432 (Fla. 3d DCA 2018). “See §§ 49.031 (sworn statement as a condition precedent for service by publication), 49.”

Naples Park-Vanderbilt Beach Water Dist. v. Downing, 244 So. 2d 464 (Fla. 2d DCA 1970). “requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A. shall show that diligent search and inquiry have been made to discover the name and residence of a defendant before service of process can be successfully accomplished by publication.”

Grier v. Florida Dep't of Child. & Families, 710 So. 2d 1384 (Fla. 3d DCA 1998). · cites it 2× “Upon our inspection of the record and the department’s confession, we agree that the sworn statement as a condition precedent to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after the date of first publication.”

Show all 25 citing cases →

— 49.031(1) — 5 cases

Floyd v. Fed. Nat. Mortg. Ass'n, 704 So. 2d 1110 (Fla. 5th DCA 1998). “As a prerequisite to constructive service, a plaintiff (or plaintiff's attorney) must file an affidavit showing, inter alia, that a diligent search has been made to discover the names and addresses of the defendants.”

Mayo v. Mayo, 344 So. 2d 933 (Fla. 2d DCA 1977). “Section 49.031(1), Florida Statutes. Where, as here, a natural person is the defendant to be served by publication, the requirements for the sworn statement are governed by Section 49.”

Dept. of Child. & Families v. JJE, 953 So. 2d 659 (Fla. 5th DCA 2007). “Section 49.031(1) Florida Statutes (2006); Floyd .”

Grier v. Florida Dep't of Child. & Families, 710 So. 2d 1384 (Fla. 3d DCA 1998). “Upon our inspection of the record and the department’s confession, we agree that the sworn statement as a condition precedent to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after the date of first publication.”

Deutsche Bank Nat'l Trust Co. v. Taylor (S.D. Fla. 2022).

— 49.031(3) — 2 cases

Demars v. Vill. or Sandalwood Lakes, 625 So. 2d 1219 (Fla. 4th DCA 1993). “This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter 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…”

Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996). “See § 49.031(3), Fla.Stat. (1993). Because Ms.”

— 49.031(a) — 2 cases

Paul v. S.N.Y. Relocation Sys. Co. (D.N.M. 2024).

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.