Florida Statute 49.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

View Entire Chapter

F.S. 49.08

49.08 Notice of action, form.—On filing the sworn statement, and otherwise complying with the foregoing requirements, the plaintiff is entitled to have issued by the clerk or judge, not later than 60 days after filing the sworn statement, a notice of action which notice shall set forth:

(1) The names of the known natural defendants; the names, status and description of the corporate defendants; a description of the unknown defendants who claim by, through, under or against a known party which may be described as “all parties claiming interests by, through, under or against (name of known party)” and a description of all unknown defendants which may be described as “all parties having or claiming to have any right, title or interest in the property herein described”;

(2) The nature of the action or proceeding in short and simple terms (but neglect to do so is not jurisdictional);

(3) The name of the court in which the action or proceeding was instituted and an abbreviated title of the case;

(4) The description of real property, if any, proceeded against.

History.—s. 8, ch. 20452, 1941; s. 3, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.

Note.—Former s. 48.08.

F.S. 49.08 on Google Scholar

F.S. 49.08 on Casetext

Amendments to 49.08

Arrestable Offenses / Crimes under Fla. Stat. 49.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.08.

Annotations, Discussions, Cases:

Cases Citing Statute 49.08

Total Results: 20

Alachua County, etc. v. Clovis Watson, Jr., etc.

Court: Supreme Court of Florida | Date Filed: 2022-01-27

Snippet: provided for county budgets in s. 129.06(2).”); § 30.49(8) (“[Budget items] shall be subject to the same provisions

League of Women Voters of Florida v. Detzner

Court: Supreme Court of Florida | Date Filed: 2015-12-02

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: 7 52.7 40.5 43.3 62.9 62.5 49.8 51.8 26.7 66.4 18 CD 77

Barnsdale Holdings, LLC v. PHH Mortgage Corp.

Court: District Court of Appeal of Florida | Date Filed: 2015-07-15

Citation: 170 So. 3d 863, 2015 Fla. App. LEXIS 10728

Snippet: is contradicted by the plain language of section 49.08 of the Florida Statutes, which defines and limits

Plakhov v. Serova

Court: District Court of Appeal of Florida | Date Filed: 2012-10-24

Citation: 126 So. 3d 1221, 2012 WL 5232231, 2012 Fla. App. LEXIS 18503

Snippet: section 83.49(2), Florida Statutes (2008). See § 83.49(8), Fla. Stat. (2008) (providing that ”[a]ny person

Schoenwetter v. State

Court: Supreme Court of Florida | Date Filed: 2010-07-01

Citation: 46 So. 3d 535, 35 Fla. L. Weekly Supp. 409, 2010 Fla. LEXIS 1051, 2010 WL 2605961

Snippet: extensive detail in Lightbourne. See 969 So.2d at 343-49.[8]*551 Appellant therefore failed to raise any challenge

Reinstein v. Pediatric Gastroenterology, Hepatology & Nutrition of Florida, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2009-12-11

Citation: 25 So. 3d 54, 2009 Fla. App. LEXIS 19301, 2009 WL 5126601

Snippet: specializes in pediatric gastroenterolo-gy, purchased a 49.8% interest in the P.A. After the sale of stock to

Redfield Invs. v. Village of Pinecrest

Court: District Court of Appeal of Florida | Date Filed: 2008-09-03

Citation: 990 So. 2d 1135, 2008 WL 4057960

Snippet: published in such newspapers as are permitted by law. § 49.08, Fla. Stat. (2006); see also §§ 49.09-.10, Fla.

Bush v. Holmes

Court: Supreme Court of Florida | Date Filed: 2006-01-05

Citation: 919 So. 2d 392, 2006 WL 20584

Snippet: See ch. 229, art. I, § 3, Laws of Fla. (1848-49). [8] Although not confirmed by the written record

Spears v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-10-26

Citation: 912 So. 2d 694, 2005 WL 2757378

Snippet: that the maximum sentence he would receive would be 49.8 months' imprisonment and restitution would not be

Martin v. Hacsi

Court: District Court of Appeal of Florida | Date Filed: 2005-08-05

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

Snippet: statement, unknown parties as defendants,” and section 49.08, Florida Statutes, “Notice of action, form,” provide

Amador v. Walker

Court: District Court of Appeal of Florida | Date Filed: 2003-12-05

Citation: 862 So. 2d 729, 2003 WL 23104794

Snippet: $ 8,589.99 $10,737.49 $8,093 $ 996.99 $ 9,089.99 $11,362.49 $8,093 $1,496.99

Hall v. State

Court: Supreme Court of Florida | Date Filed: 2002-07-03

Citation: 823 So. 2d 757, 2002 WL 1430598

Snippet: points were 94.4, and its calculation provided that 49.8 was the "lowest permissible prison sentence in months

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.920. NOTICE

McMullen v. State

Court: Supreme Court of Florida | Date Filed: 1998-04-09

Citation: 714 So. 2d 368, 1998 WL 166266

Snippet: in deciding the appropriate damages. Id. at 1148-49. [8] Prior to our decision in Johnson, at least one

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-10-22

Citation: 700 So. 2d 447, 1997 WL 655435

Snippet: prossed charges and to recalculate the total score to 49.8. Since Brown was sentenced as an habitual offender

In Re Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 1995-11-22

Citation: 663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Snippet: are not served under the same notice. See section 49.08(1), Florida Statutes (1979). . . . . *1058 FORM

Williams v. State, Department of Management Services, Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1994-12-20

Citation: 647 So. 2d 317, 1994 Fla. App. LEXIS 12533, 1994 WL 704800

Snippet: established position within the meaning of rule 22B-6.001(49). 8. In summary, subsection 121.021(22) does not forbid

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.920. NOTICE

In Interest of DP

Court: District Court of Appeal of Florida | Date Filed: 1992-03-24

Citation: 595 So. 2d 62, 1991 WL 259444

Snippet: publication set out in Chapter 49 provides, in section 49.08, Florida Statutes (1989), that a *64 plaintiff is

Montano v. Montano

Court: District Court of Appeal of Florida | Date Filed: 1988-03-15

Citation: 520 So. 2d 52, 1988 WL 976

Snippet: describe the real property as required by section 49.08(4), Florida Statutes (1985), the trial court was