49.061

Sworn statement, parties doing business under a corporate name as defendants.

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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.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Green Emerald Homes, LLC v. Bank of New York Mellon

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Green Emerald Homes, LLC v. Bank of New York Mellon (2016) fladistctapp · cites it 2× “And in section 49.061(3), Florida Statutes, the sworn statement regarding a party who may have done business in-a corporate name must state “[t]he names, and places of residence if known, of all persons known to have been interested in such organization, and whether or not other…”

— 49.061(3) — 1 case

Green Emerald Homes, LLC v. Bank of New York Mellon (2016) fladistctapp “And in section 49.061(3), Florida Statutes, the sworn statement regarding a party who may have done business in-a corporate name must state “[t]he names, and places of residence if known, of all persons known to have been interested in such organization, and whether or not other…”

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