49.071

Sworn statement, unknown parties as defendants.

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49.071 Sworn statement, unknown parties as defendants.—

(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show:

(a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after diligent search and inquiry, are unknown to the affiant; and

(b) Whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants:

1. By, through, under or against a known person who is dead or not known to be dead or alive; or

2. By, through, under or against some corporation, domestic or foreign, that has been dissolved or which is not known to be existing or dissolved; or

3. By, through, under or against some organization which operated or did business under a name indicating a corporation; or

4. Otherwise as the case may be.

(2) In any case alleged against a named defendant, natural or corporate, who is stated, either in the pleadings or in the sworn statement, to be either dead or dissolved, or not known to be dead or alive, or dissolved or existing, any judgment, decree or order rendered against such defendant shall be as good, valid and effectual as if it had not been so stated.

History.—s. 7, ch. 20452, 1941; s. 5, ch. 67-254.

Note.—Former s. 48.07.

Notes of Decisions

Cited in 3 cases, 1994–2005 · leading case: Batchin v. Barnett Bank of Southwest Florida

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Batchin v. Barnett Bank of Southwest Florida (1994) fladistctapp · cites it 2× “Curiously, Barnett apparently proceeded under section 49.071, which states the requirements for the sworn statement when relief is demanded against unknown parties.”

Martin v. Hacsi (2005) fladistctapp · cites it 2× “Section 49.071, Florida Statutes, “Sworn statement, unknown parties as defendants,” and section 49.”

Floyd v. Federal Nat. Mortg. Ass'n (1998) fladistctapp “The failure to pursue this lead shows that FNMA did not "reasonably employ[] the knowledge at [its] command.”

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