49.041
Sworn statement, natural person as defendant.
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49.041 Sworn statement, natural person as defendant.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show:
(1) That diligent search and inquiry have been made to discover the name and residence of such person, and that the same is set forth in said sworn statement as particularly as is known to the affiant; and
(2) Whether such person is over or under the age of 18 years, if his or her age is known, or that the person’s age is unknown; and
(3) In addition to the above, that the residence of such person is, either:
(a) Unknown to the affiant; or
(b) In some state or country other than this state, stating said residence if known; or
(c) In the state, but that he or she has been absent from the state for more than 60 days next preceding the making of the sworn statement, or conceals himself or herself so that process cannot be personally served, and that affiant believes that there is no person in the state upon whom service of process would bind said absent or concealed defendant.
History.—s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.
Note.—Former s. 48.04.
Notes of Decisions
Cited in 52
cases (5 in the last 5 years), 1970–2025 · leading case: In Re Amendments to the Florida Rules of Civil Procedure
In Re Amendments to the Florida Rules of Civil Procedure (2010)
“§ 49.041, Fla. Stat. (2009). The form as proposed by the Task Force contains the required information, except for a statement whether the person is over or under the age of eighteen or that the person's age is unknown.”
Demars v. VILLAGE OR SANDALWOOD LAKES (1993)
“1955), involving a sworn statement that the affiant had made diligent search and inquiry as to the address of the defendant, the supreme court stated categorically, "[t]he language of the sworn statement for constructive service is a clear compliance with the statutory…”
Miller v. Partin (2010)
“070(e), Florida Rules of Civil Procedure, and by section 49.041, Florida Statutes (2007). In addition, the attorney af-fied that he had made a diligent search and inquiry to locate William Garnett as evidenced by the return of service from the Orange County Sheriffs Office.”
Castro v. Charter Club, Inc. (2013)
“Averments in conclusory terms are insufficient to satisfy the particularity required pursuant to section 49.041. Redfield Invs., A.V.V., 990 So.”
Shepheard v. Deutsche Bank Trust Co. (2006)
“" § 49.041, Fla. Stat. (2005). Here, Deutsche Bank's affidavit of diligent search, which described the databases it searched, was facially sufficient because it "allege[d] that a diligent search and inquiry was made.”
United States v. Rodrigue (2009)
“” See PL’s Motion for Service by Publication at 3; Fla. Stat. § 49.041 (2008). However, none of the papers filed in sup *1336 port of the Government’s Motion for Service by Publication — the Carpió Declaration, the Affidavit of Diligent Search and Inquiry (executed by Ross…”
Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc. (1992)
“Section 49.041, Florida Statutes (1987) reads in pertinent part: Sworn statement, natural person as defendant.”
Estate of Bobinger v. Deltona Corp. (1990)
“" § 49.041(1), Fla. Stat. (1987). Although the record does not contain the affidavits supporting constructive service that were filed in the quiet title suits, the complaint we review states that process in the quiet title suits was received by mail; therefore, it is obvious the…”
Callaghan v. Callaghan (1976)
“The matters which must be sworn to are delineated by Fla. Stat. § 49.041 , which provides: "The sworn statement of the plaintiff, his agent or attorney, for service of process by publication against a natural person, shall show: (1) That diligent search and inquiry have been…”
Matsumoto v. AMERICAN BURIAL AND CREMATION (2006)
“See § 49.041(1), Fla. Stat. (2002). The statute does not impose a due diligence requirement on funeral homes.”
Overholser v. Overstreet (1980)
“[2] The elisor was also unsuccessful in serving the defendants personally and, based upon his affidavit of that fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041(3)(c), Florida Statutes (1979).”
Phillips v. Guin & Hunt, Inc. (1977)
“This procedure is required by Section 49.041, Florida Statutes, when service by publication is substituted for personal service of process.”
— 49.041(1) — 4 cases
Estate of Bobinger v. Deltona Corp. (1990)
“" § 49.041(1), Fla. Stat. (1987). Although the record does not contain the affidavits supporting constructive service that were filed in the quiet title suits, the complaint we review states that process in the quiet title suits was received by mail; therefore, it is obvious the…”
Matsumoto v. AMERICAN BURIAL AND CREMATION (2006)
“See § 49.041(1), Fla. Stat. (2002). The statute does not impose a due diligence requirement on funeral homes.”
Castro v. Charter Club, Inc. (2013)
“Averments in conclusory terms are insufficient to satisfy the particularity required pursuant to section 49.041. Redfield Invs., A.V.V., 990 So.”
Gmaz v. King (1970)
— 49.041(3) — 1 case
— 49.041(3)(a) — 4 cases
In Re Petition of Scala (1988)
Mazine v. Branch Banking (2015)
— 49.041(3)(b) — 1 case
— 49.041(3)(c) — 8 cases
Overholser v. Overstreet (1980)
“[2] The elisor was also unsuccessful in serving the defendants personally and, based upon his affidavit of that fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041(3)(c), Florida Statutes (1979).”
Edmondson v. Green (1999)
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