Florida Statutes
Fla. Stat. § 49.08 (2025)
Notice of action, form.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 48.08.
Notes of Decisions
Cited in 15
cases, 1973–2015 · leading case: Davis v. Dieujuste, 496 So. 2d 806 (Fla. 1986).
Davis v. Dieujuste, 496 So. 2d 806 (Fla. 1986). “Respondent contends that the trial court's determination that the wife was entitled to a special equity was not legally correct and not supported by competent, substantial evidence. I dissent and would finally resolve this case by approving the result of the district court's…”
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “See section 49.08(1), Florida Statutes (1979).”
Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). “See section 49.08(1), Florida Statutes (1979).”
Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985). “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…”
Florida Bar, 391 So. 2d 165 (Fla. 1980). “See § 49.08(1), Florida Statutes (1979). FORM 1.”
Redfield Invs. v. Vill. of Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008). “§ 49.08, Fla. Stat. (2006); see also §§ 49.”
In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “See section 49.08(1), Florida Statutes (1979).”
Florida Jai Alai, Inc. v. Lake Howell Water & R. Dist., 274 So. 2d 522 (Fla. 1973). “Yet, in the case sub judice, the published notice met no such requirement, and no such requirement is made by Fla. Stat. § 298.07 , F.S.A.”
Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988). “Because the wife was unable to obtain personal service of process on her husband, constructive service was made by publication. Although her petition for dissolution contained a description of the real property located in Dade and Broward Counties owned by the appellant, the…”
In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992). “(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…”
Martin v. Hacsi, 909 So. 2d 935 (Fla. 5th DCA 2005). “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.”
Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984). “§ 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.”
— 49.08(1) — 4 cases
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “See section 49.08(1), Florida Statutes (1979).”
Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). “See section 49.08(1), Florida Statutes (1979).”
Florida Bar, 391 So. 2d 165 (Fla. 1980). “See § 49.08(1), Florida Statutes (1979). FORM 1.”
In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “See section 49.08(1), Florida Statutes (1979).”
— 49.08(4) — 5 cases
Davis v. Dieujuste, 496 So. 2d 806 (Fla. 1986). “Respondent contends that the trial court's determination that the wife was entitled to a special equity was not legally correct and not supported by competent, substantial evidence. I dissent and would finally resolve this case by approving the result of the district court's…”
Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985). “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…”
Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988). “Because the wife was unable to obtain personal service of process on her husband, constructive service was made by publication. Although her petition for dissolution contained a description of the real property located in Dade and Broward Counties owned by the appellant, the…”
Lahr v. Lahr, 337 So. 2d 837 (Fla. 2d DCA 1976).
Williamson v. Williamson, 478 So. 2d 850 (Fla. 3d DCA 1985).
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