Florida Statute 49.51 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.051

49.051 Sworn statement, corporation as defendant.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a corporation, shall show:

(1) That diligent search and inquiry have been made to discover the true name, domicile, principal place of business, and status (that is, whether foreign, domestic, or dissolved) of the corporate defendant, and that the same is set forth in said sworn statement as particularly as is known to the affiant, and that diligent search and inquiry have also been made, to discover the names and whereabouts of all persons upon whom the service of process would bind the said corporation and that the same is specified as particularly as is known to the affiant; and

(2) Whether or not the corporation has ever qualified to do business in this state, unless shown to be a Florida corporation; and

(3) That all officers, directors, general managers, cashiers, resident agents, and business agents of the corporation, either:

(a) Are absent from the state; or

(b) Cannot be found within the state; or

(d) That their whereabouts are unknown to the affiant; or

(e) That said officers, directors, general managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant.

History.—s. 5, ch. 20452, 1941; s. 5, ch. 67-254; s. 288, ch. 95-147.

Note.—Former s. 48.05.

F.S. 49.051 on Google Scholar

F.S. 49.051 on CourtListener

Amendments to 49.051

Annotations, Discussions, Cases:

Cases Citing Statute 49.051

Total Results: 9

Dade Erection Serv. v. Sims Crane Serv.

379 So. 2d 423

District Court of Appeal of Florida | Filed: Jan 30, 1980 | Docket: 1681341

Cited 11 times | Published

vain for those persons listed in Chapter 48. See § 49.051, and State ex rel. Woods-Young Co. v. Tedder,

Alan Restaurant Corp. v. Walder

399 So. 2d 1128

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 1652313

Cited 6 times | Published

publication against the Corporation pursuant to Section 49.051, Florida Statutes (1979). On November 7, 1980

Redfield Invs. v. Village of Pinecrest

990 So. 2d 1135, 2008 WL 4057960

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1291522

Cited 5 times | Published

Florida's service by publication statute. Section 49.051, Florida Statutes (2006), contains explicit

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

204 So. 3d 512

District Court of Appeal of Florida | Filed: Aug 8, 2016 | Docket: 63630611

Cited 1 times | Published

diligent search and inquiry for a corporation in section 49.051, Florida Statutes (2014), to show that the

Coin Copies, Inc. v. FIN. FED. SAV. & LOAN ASS'N

439 So. 2d 338

District Court of Appeal of Florida | Filed: Oct 18, 1983 | Docket: 490694

Cited 1 times | Published

service by publication made upon it pursuant to Section 49.051, Florida Statutes (1981). The appellant contends

Inter American Coal v. She Ddf2-Fl2

255 So. 3d 432

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7805880

Published

compliance with the requirements set forth in section 49.051, Florida Statutes, Inter American argued that

Perpro Systems International, Inc. v. Rickbeil

668 So. 2d 319, 1996 Fla. App. LEXIS 1504, 1996 WL 71273

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762465

Published

inquiry and asserted that it did not comply with section 49.051, Florida Statutes (1993) and as such was insufficient

Sunblest Products, Inc. v. Vroom Enterprises, Inc.

508 So. 2d 770, 12 Fla. L. Weekly 1512, 1987 Fla. App. LEXIS 8848

District Court of Appeal of Florida | Filed: Jun 18, 1987 | Docket: 64627932

Published

appellee did not comply with the requirements of section 49.051, Florida Statutes (1985) when its sworn statement

Coin Copies, Inc. v. Financial Federal Savings & Loan Ass'n

472 So. 2d 869, 10 Fla. L. Weekly 1740, 1985 Fla. App. LEXIS 15001

District Court of Appeal of Florida | Filed: Jul 16, 1985 | Docket: 64613148

Published

purported service by publication pursuant to section 49.051, Florida Statutes (1983), undertaken by Financial