Florida Statute 49.061 | 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. 49.061

49.061 Sworn statement, parties doing business under a corporate name as defendants.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against parties who have or may have done business under a corporate name, shall show:

(1) The name under which said parties have operated or done business; and

(2) That, after diligent search and inquiry, the affiant has been unable to ascertain whether or not the organization operating under said name was a corporation, either domestic or foreign; and

(3) The names, and places of residence if known, of all persons known to have been interested in such organization, and whether or not other or unknown persons may have been interested in such organization; or that, after diligent search and inquiry, all persons interested in such organization are unknown to the affiant, and, unless all such persons are unknown to the affiant,

(4) That the known persons interested in such organization, either:

(a) Are absent from this state; or

(b) Cannot be found within this state; or

(d) That their whereabouts are unknown to the affiant.

History.—s. 6, ch. 20452, 1941; s. 5, ch. 67-254; s. 289, ch. 95-147.

Note.—Former s. 48.06.

F.S. 49.061 on Google Scholar

F.S. 49.061 on Casetext

Amendments to 49.061

Arrestable Offenses / Crimes under Fla. Stat. 49.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.061.

Annotations, Discussions, Cases:

Cases Citing Statute 49.061

Total Results: 8

Dale Lee Norman v. State of Florida

Court: Fla. | Date Filed: 2017-03-02T00:00:00-08:00

Citation: 215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Snippet: quoting Paris Adult Theatre I v. Slaton, 413 U.S. 49, 61, 93 S.Ct. 2628, 37 L.Ed.2d 446 (1973)). Heller

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: to be served is required. See §§ 49.041, 49.051, 49.061, Fla. Stat. (2014). For instance, under section…3), Fla. Stat. (emphasis added). And in section 49.061(3), Florida Statutes, the sworn statement regarding

Slowinski v. Sweeney

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-27T00:00:00-07:00

Citation: 117 So. 3d 73, 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

Snippet: the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1., Florida Statutes

818 Asset Management, Inc. v. Neiman

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-28T00:00:00-07:00

Citation: 22 So. 3d 659, 2009 Fla. App. LEXIS 16084, 2009 WL 3446609

Snippet: clear that Neiman satisfied all section 608.468 and 49.061 requirements. Counné claims, however, that because

Brazill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-14T00:53:00-07:00

Citation: 845 So. 2d 282

Snippet: People v. Conat, 238 Mich.App. 134, 605 N.W.2d 49, 61 (1999) (reasoning that a change in statute eliminating

Batchin v. Barnett Bank of Southwest Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:53:00-07:00

Citation: 647 So. 2d 211

Snippet: the status of the defendant. §§ 49.041, 49.051, 49.061 and 49.071, Fla. Stat. (1991). Curiously, Barnett

Florida Bar v. Duffee

Court: Fla. | Date Filed: 1977-03-03T00:00:00-08:00

Citation: 343 So. 2d 829, 1977 Fla. LEXIS 3841

Snippet: That although Respondent received a total of $69,049.61 on behalf of his clients, he spent $68,970.40 (…County, Florida, Case # 75-2757, for the sum of $69,-049.61 plus interest in the amount of $3,711.45 and costs

Brady v. Kane

Court: Fla. Dist. Ct. App. | Date Filed: 1959-04-28T00:53:00-07:00

Citation: 111 So. 2d 472

Snippet: supra; Hawayek v. Simmons, La. App. 1956, 91 So.2d 49, 61 A.L.R.2d 1254; Toohey v. Webster, 97 N.J.L. 545