Florida Statutes

Fla. Stat. § 49.09 (2025)

Notice of action, return day.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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49.09 Notice of action, return day.—The notice of action, except in foreclosure proceedings as defined in s. 702.09, shall require the defendant to file written defenses with the clerk of the court and to serve a copy not later than the date fixed in said notice, which date shall be not less than 28 nor more than 60 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice. In foreclosure proceedings, the notice of action shall require the defendant to file written defenses with the clerk of the court and to serve a copy within 30 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice.

History.—s. 9, ch. 20452, 1941; s. 4, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254; s. 7, ch. 93-250; s. 290, ch. 95-147.

Note.—Former s. 48.09.

Notes of Decisions

Cited in 5 cases, 1980–2014 · leading case: In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992).

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In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992). · cites it 7× “In the motion for clarification filed by the appellee, State of Florida, Department of Health and Rehabilitative Services, we are urged to clarify whether the underscored quoted reference to "publication" refers to the "first publication," as the term is used in § 49.09, Fla.…”

Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980). · cites it 2× “The motion was denied on November 26, 1979 and this interlocutory appeal was perfected to review that order.”

Redfield Invs. v. Vill. of Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008). “(2006); see also §§ 49.09-.10, Fla. Stat. (2006). In this case, Pinecrest proceeded through the Clerk of Court.”

JM v. Dep't of Child. & Families, 833 So. 2d 279 (Fla. 5th DCA 2002). · cites it 3× “with service of process through publication as required by section 49.09, we reverse and remand for further proceedings.”

Boca Stel 2, LLC v. JPMorgan Chase Bank Nat'l Ass'n, 159 So. 3d 140 (Fla. 5th DCA 2014). · cites it 3× “Appellant further alleged that service was ineffective because the published notice of action failed to include either a date of first publication or a date within which Appellant should file defenses pursuant to section 49.09, Florida Statutes (2012). The record shows that the…”

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