Florida Statute 49.041 | 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. 49.041

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.

F.S. 49.041 on Google Scholar

F.S. 49.041 on Casetext

Amendments to 49.041

Arrestable Offenses / Crimes under Fla. Stat. 49.041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.041.

Annotations, Discussions, Cases:

Cases Citing Statute 49.041

Total Results: 20

GUILLERMO L. SIERRA and LILIANA GARCIA v. U.S. BANK TRUST, N.A., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-01T00:53:00-07:00

Snippet: precluding the application of section 49.041(3)(a). Second, section 49.041(3)(b) did not apply because the …strictly comply with the requirements of section 49.041(3), Florida Statutes (2019). That statutory section…revealed that none of the three conditions of section 49.041(3) apply. First, the sworn statement provided Appellants…permanently, out of the country. Third, section 49.041(3)(c) could not apply because sixty days had not…service by publication. As a result, section 49.041(3) was not satisfied. On remand, the court shall

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: Fla. Stat. (2017); § 49.021, Fla. Stat. (2017); § 49.041, Fla. Stat. (2017); Martins v. Oaks Master Prop

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-31T00:00:00-07:00

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

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

William Thompson v. State of Florida

Court: Fla. | Date Filed: 2016-11-10T00:00:00-08:00

Citation: 208 So. 3d 49, 41 Fla. L. Weekly Supp. 510, 2016 Fla. LEXIS 2489

Snippet: Lewis, Canady, Polston 10 November 2016 208 So. 3d 49, 41 Fla. L. Weekly Supp. 510, 2016 Fla. LEXIS 2489

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-08T00:00:00-07:00

Citation: 204 So. 3d 512

Snippet: of the person to be served is required. See §§ 49.041, 49.051, 49.061, Fla. Stat. (2014). For instance

Mazine v. Branch Banking & Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-28T00:00:00-08:00

Citation: 156 So. 3d 579, 2015 Fla. App. LEXIS 1002, 2015 WL 357083

Snippet: publication would be permitted pursuant to section 49.041(3)(c),. Florida Statutes (2013), Appellee concedes…predicated on a sworn statement made pursuant to section 49.041(3)(a), i.e., that Mazine’s residence was “[u]nknown

Mazine v. Branch Banking

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-27T23:53:00-08:00

Snippet: publication would be permitted pursuant to section 49.041(3)(c), Florida Statutes (2013), Appellee concedes… on a sworn statement made pursuant to section 49.041(3)(a), i.e., that Mazine’s residence was “[u]nknown

Martins v. Oaks Master Property Owners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-14T00:00:00-08:00

Citation: 159 So. 3d 142, 2014 Fla. App. LEXIS 18683, 2014 WL 5877856

Snippet: would bind said absent or concealed defendant. § 49.041, Fla. Stat. (2010). “If the constructive service

Peysina v. Deutsche Bank National Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 118 So. 3d 237, 2013 WL 3455747, 2013 Fla. App. LEXIS 10986

Snippet: diligent search and inquiry requirement of section 49.041, Florida Statutes, “the test is whether the complainant

Castro v. Charter Club, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-05T00:00:00-07:00

Citation: 114 So. 3d 1055, 2013 WL 2420477, 2013 Fla. App. LEXIS 8852

Snippet: particularly as is known to the affiant....” § 49.041(1), Fla. Stat. (2009). Therefore, in order to obtain… the particularity required pursuant to section 49.041. Redfield Invs., A.V.V., 990 So.2d at 1140 (holding…satisfy the “particularity” requirement of section 49.041. See Wiggins v. Portmay Corp., 432 So.2d 802, 803

Crystal Clear Holdings, LLC v. Gosman

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-09T00:00:00-08:00

Citation: 59 So. 3d 1170, 2011 Fla. App. LEXIS 3425, 2011 WL 799756

Snippet: PER CURIAM. Affirmed. § 49.041, Fla. Stat. (2009); Miller v. Partin, 31 So.3d 224 (Fla. 5th DCA

In Re Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2010-06-03T00:00:00-07:00

Citation: 44 So. 3d 555, 2010 WL 455295

Snippet: modify the form to incorporate it. Finally, section 49.041, Florida Statutes (2009), sets forth the minimum…would bind said absent or concealed defendant. § 49.041, Fla. Stat. (2009). The form as proposed by the

Miller v. Partin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-12T00:00:00-08:00

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

Snippet: contained in section 49.041, Florida Statutes. More specifically, section 49.041 requires the sworn statement…Florida Rules of Civil Procedure, and by section 49.041, Florida Statutes (2007). In addition, the attorney

Lewis v. Fifth Third Mortgage Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 38 So. 3d 157, 2010 Fla. App. LEXIS 1362

Snippet: affidavit of diligent search in compliance with section 49.041, Florida Statutes (2008).3 Constructive service…the sign. . All that is required under section 49.041, for service by publication, is a sworn statement

Brown v. Cowell

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-20T00:00:00-07:00

Citation: 19 So. 3d 1171, 2009 Fla. App. LEXIS 15778, 2009 WL 3349659

Snippet: the requirements of sections 49.011, 49.021, and 49.041, Florida Statutes (2008), have been satisfied.

Kopecky v. Kopecka

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-14T00:00:00-08:00

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

Snippet: would bind said absent or concealed defendant. § 49.041, Fla. Stat. (2007). Thereafter, the plaintiff must

Wolfe v. Stevens

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-05T00:53:00-07:00

Citation: 965 So. 2d 1257

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

Dept. of Children and Families v. JJE

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-30T00:53:00-07:00

Citation: 953 So. 2d 659

Snippet: if known, is included in the affidavit. Section 49.041, Florida Statutes (2006). Section 39.803(6), Florida…think this practice is incorrect because section 49.041, Florida Statutes (2006) requires that the affidavit

Matsumoto v. AMERICAN BURIAL AND CREMATION

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-19T23:53:00-08:00

Citation: 949 So. 2d 1054

Snippet: process, to locate the unavailable next of kin. See § 49.041(1), Fla. Stat. (2002). The statute does not impose

Godsell v. United Guar. Residential Ins.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-16T23:53:00-08:00

Citation: 923 So. 2d 1209

Snippet: alleges compliance with the requirements of section 49.041. Id. at 1224. This principle applies, as the Demars