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: District Court of Appeal of Florida | Date Filed: 2020-07-01

Snippet: strictly comply with the requirements of section 49.041(3), Florida Statutes (2019). That statutory section

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

Court: District Court of Appeal of Florida | Date Filed: 2018-11-28

Citation: 260 So. 3d 313

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-08-08

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: District Court of Appeal of Florida | Date Filed: 2015-01-28

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

Mazine v. Branch Banking

Court: District Court of Appeal of Florida | Date Filed: 2015-01-28

Snippet: publication would be permitted pursuant to section 49.041(3)(c), Florida Statutes (2013), Appellee concedes

Martins v. Oaks Master Property Owners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2014-11-14

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: District Court of Appeal of Florida | Date Filed: 2013-07-10

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: District Court of Appeal of Florida | Date Filed: 2013-06-05

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

Crystal Clear Holdings, LLC v. Gosman

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

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 2010)

In Re Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2010-06-03

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

Miller v. Partin

Court: District Court of Appeal of Florida | Date Filed: 2010-03-12

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

Snippet: Florida Rules of Civil Procedure, and by section 49.041, Florida Statutes (2007). In addition, the attorney

Lewis v. Fifth Third Mortgage Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-02-10

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

Brown v. Cowell

Court: District Court of Appeal of Florida | Date Filed: 2009-10-20

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: District Court of Appeal of Florida | Date Filed: 2007-11-14

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

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

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

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

Snippet: if known, is included in the affidavit. Section 49.041, Florida Statutes (2006). Section 39.803(6), Florida

Matsumoto v. AMERICAN BURIAL AND CREMATION

Court: District Court of Appeal of Florida | Date Filed: 2006-12-20

Citation: 949 So. 2d 1054, 2006 WL 3733310

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: District Court of Appeal of Florida | Date Filed: 2006-03-17

Citation: 923 So. 2d 1209, 2006 WL 664227

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

Shepheard v. Deutsche Bank Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-02-24

Citation: 922 So. 2d 340, 2006 WL 435697

Snippet: discover the name and residence of such person." § 49.041, Fla. Stat. (2005). Here, Deutsche Bank's affidavit