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Florida Statute 49.071 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS
View Entire Chapter
F.S. 49.071
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.

F.S. 49.071 on Google Scholar

F.S. 49.071 on Casetext

Amendments to 49.071


Arrestable Offenses / Crimes under Fla. Stat. 49.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.071.

Annotations, Discussions, Cases:

Cases Citing Statute 49.071

Total Results: 6

Martin v. Hacsi

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-05T00:00:00-07:00

Citation: 909 So. 2d 935, 2005 Fla. App. LEXIS 12204, 2005 WL 1842678

Snippet: personal representative had been appointed. Section 49.071, Florida Statutes, “Sworn statement, unknown parties

Floyd v. Federal Nat. Mortg. Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-08T23:53:00-08:00

Citation: 704 So. 2d 1110

Snippet: addresses of the defendants. §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). The affidavit need only allege…diligent search and inquiry as required by section 49.071 by completely ignoring parties in possession of

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: 49.061 and 49.071, Fla. Stat. (1991). Curiously, Barnett apparently proceeded under section 49.071, which …King, 238 So.2d 511 (Fla. 2d DCA 1970). Section 49.071 mandates a diligent search for the names of interested

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-03-25T23:53:00-08:00

Snippet: ), Art. II, State Const.). Accord: AGO's 69-49, 71-324, 73-47, 84-72. Section 190.002(3), F.S. (1984

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-06-02T00:53:00-07:00

Snippet: to apply. Accord: Attorney General Opinions 069-49, 071- 324, and 075-60. In the instant situation, a community

Battaglia v. Adams

Court: Fla. | Date Filed: 1964-05-13T00:53:00-07:00

Citation: 164 So. 2d 195

Snippet: many years, see Attorney General's Opinion 049-71, page 118 of the 1949-50 Biennial Report of the