CopyCited 32 times | Published | Supreme Court of Florida
...Ryan's Furniture Exchange v. McNair,
120 Fla. 109,
162 So. 483 (1935). In compliance with this standard, notice by publication in actions against land requires a published description of the land to be affected under the general Constructive Notice Statute, Fla. Stat. §
49.08(4), F.S.A., and under the notice statute applicable to forming a drainage district....
CopyCited 22 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 529
...this case. However, in raising a due process challenge to the district court's ruling, the petitioner contends that service of process was by publication [1] and that the notice of action made no mention of the real property at issue as required by section 49.08(4), Florida Statutes (1977)....
...tion of the latter. See Orlowitz v. Orlowitz,
208 So.2d 849 (Fla. 3d DCA), cert. denied,
207 So.2d 453 (Fla. 1967). However, as noted previously, a court may obtain in rem jurisdiction to distribute real property located within the state pursuant to section
49.08(4)....
...petent, substantial evidence. I dissent and would finally resolve this case by approving the result of the district court's decision. NOTES [1] The record is devoid of any information concerning the type of service had in the dissolution action. [2] § 49.08(4), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...aint or petition. DATED on ___________, 19__. (Name of Clerk) As Clerk of the Court By As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979)....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...DATED on ________________, 19__ (Name of Clerk) As Clerk of the Court By ______________________ As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979)....
...DATED on ______________, 19__ (Name of Clerk) As Clerk of the Court By ______________________ As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 976
...Although her petition for dissolution contained a description of the real property located in Dade and Broward Counties owned by the appellant, the notice of action for constructive service failed to describe the property. For failure of the published notice to describe the real property as required by section 49.08(4), Florida Statutes (1985), the trial court was without in rem jurisdiction to adjudicate the parties' rights in the realty....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 624
...roperty. The complaint also prayed that the court award the wife, as lump-sum alimony, all of the husband's interest in the described property. Substituted service of process was obtained by publication but the published notice of action required by section 49.08, Florida Statutes, did not set forth the description of the property described in the complaint and did not advise the defendant-husband that, in addition to a dissolution, the nature of the action was one in which the plaintiff-wife wa...
...However that jurisdiction was not perfected [1] with regard to the adjudication *676 of property rights because the service of process by publication was defective in that it did not contain a description of the property sought to be proceeded against as required by section 49.08(4), Florida Statutes, and did not give constitutional procedural due process notice that the husband's property rights were to be adjudicated in the dissolution action....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057960
...The service by publication statute further states that upon filing the sworn statement and otherwise complying with the statutory requirements, "the clerk or judge . . . shall" issue a notice of action, which is then published in such newspapers as are permitted by law. § 49.08, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The court did not have personal jurisdiction over appellant because she was a nonresident served by constructive process and did not have jurisdiction over the property because neither the notice of the action nor the complaint contained a description of the property. Section 49.08(4) of the Florida Statutes requires that the notice of publication describe the realty which is the subject matter of the action....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...(1981). Similarly, such service is proper in any action for the dissolution of a marriage. §
49.011(4), Fla. Stat. (1981). Because the property, together with the appellant's equitable claim against it, was described in the petition for dissolution, see section
49.08, Florida Statutes (1981), and because the property was located within the lower court's jurisdiction, we conclude the lower court had jurisdiction of both the property and the subject matter to make an award of the marital home to appellant consistent with proper proof of equitable entitlement....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 12204, 2005 WL 1842678
...tute parties per rule 1.260(a)(1), and that she did not believe that she could move to substitute parties until a personal representative had been appointed. Section
49.071, Florida Statutes, “Sworn statement, unknown parties as defendants,” and section
49.08, Florida Statutes, “Notice of action, form,” provide for constructive service of process on unknown defendants....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4428
...WITNESS my hand and the seal of this court DATED on_, 19— (Name of Clerk) As Clerk of the Court By- As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See § 49.08(1), Florida Statutes (1979)....
...WITNESS my hand and the seal of this court DATED on_., 19_ (Name of Clerk) As Clerk of the Court By- As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See § 49.08(1), Florida Statutes (1979)....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2312, 2000 WL 1472356
...he complaint or petition. DATED on.-,19..... (Name of Clerk) As Clerk of the Court By- As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979)....
...e complaint or petition. DATED on.■, 1-9-. (Name of Clerk) As Clerk of the Court By- As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979)....
CopyPublished | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16551
...ive process, Gelkop v. Gelkop,
384 So.2d 195 (Fla. 3d DCA 1980), section
49.011(4), Florida Statutes (1983) and 2) the notice of action published in this cause was defective in that it failed to describe the property proceeded against as required by section
49.08(4), Florida Statutes (1983), thereby denying appellee procedural due process and depriving the trial court of perfected subject matter jurisdiction....
CopyPublished | Florida 1st District Court of Appeal | 1991 WL 259444
...of hearing shall be given as prescribed by the rules of civil procedure, and service of process shall be made as specified by law or civil actions. (emphasis supplied) The law for service of process by publication set out in Chapter 49 provides, in section 49.08, Florida Statutes (1989), that a *64 plaintiff is entitled to have issued a "notice of action" which shall set forth, among other things, the names of the defendants, the nature of the action or proceeding, and the name of the court in which the action or proceeding has been instituted....
...ldren. We remanded for the parents to be given a second opportunity to appear at a termination hearing, in compliance with the requirements for notice of hearings in § 39.462(1), Florida Statutes (1989), and for service of process by publication in §
49.08, §
49.09, and §
49.10, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10728
...lawful entry into this case, yet it did not timely pursue this path. Unable to pursue
this avenue, counsel for Barnsdale Holdings argued that Barnsdale Holdings is an
“unknown defendant” named in the complaint. This argument is contradicted by
the plain language of section 49.08 of the Florida Statutes, which defines and limits
“unknown defendants” to “parties having or claiming to have any right, title or
interest in the property herein described.” (emphasis added).
Barnsdale Holdings had no i...
