Florida Statute 49.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.09

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.

F.S. 49.09 on Google Scholar

F.S. 49.09 on Casetext

Amendments to 49.09

Arrestable Offenses / Crimes under Fla. Stat. 49.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.09.

Annotations, Discussions, Cases:

Cases Citing Statute 49.09

Total Results: 20

In Re: Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: - 49 - 9. This matter is scheduled for Judicial

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-01T00:00:00-08:00

Citation: 156 So. 3d 520, 2015 WL 46515

Snippet: Disability Trust Fund (SDTF) pursuant to section 440.49(9), Florida Statutes (2008), which provides in part…inconsistent with the provisions” of Sections 440.49(9)(b) and 440.51(1), Florida Statutes. The Department…carriers— not on policyholders. See §§ 440.49(9)(b)1., Fla. Stat. (2008) (“The Special Disability

Boca Stel 2, LLC v. JPMorgan Chase Bank National Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-14T00:00:00-08:00

Citation: 159 So. 3d 140, 2014 Fla. App. LEXIS 18528, 2014 WL 5877937

Snippet: Appellant should file defenses pursuant to section 49.09, Florida Statutes (2012). The record shows that …specific dates of publication required under section 49.09. No. 5D13-2659 District Court of Appeal

State of Florida v. Harry James Chubbuck

Court: Fla. | Date Filed: 2014-06-19T00:00:00-07:00

Citation: 141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Snippet: remand for resentencing.” 971 So. 2d at 148-49. 9. “To receive a sentence pursuant to . . . section

J.P. v. Florida Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-13T00:00:00-08:00

Citation: 100 So. 3d 271, 2012 Fla. App. LEXIS 19767

Snippet: proceedings which comply with sections 39.801, 49.09 and 49.10, Florida Statutes, and with rule 8.505

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: District 29 would have voted 47.7% for Sink (D) and 49.9% for Scott (R) in the 2010 gubernatorial election

Florida Sheriffs Workers' Compensation Self-Insurance Fund v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 40 So. 3d 792, 2010 Fla. App. LEXIS 9878, 2010 WL 2671801

Snippet: compensation, assessable mutuals, and self-insurers. § 440.49(9)(b)1., Fla. Stat. The SDTF was designed to allow…not constitute state funds pursuant to section 440.49(9). Like the funds in Coy and Hameroff, the continued

FLEURIMOND v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-27T00:00:00-07:00

Citation: 10 So. 3d 1140, 2009 Fla. App. LEXIS 6236, 2009 WL 1456743

Snippet: arrested Lelieve and impounded a plastic bag containing 49.9 grams of cocaine from his groin area. After Lelieve

Redfield Invs. v. Village of Pinecrest

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-03T00:53:00-07:00

Citation: 990 So. 2d 1135

Snippet: by law. § 49.08, Fla. Stat. (2006); see also §§ 49.09-.10, Fla. Stat. (2006). In this case, Pinecrest

Associated Industries Insurance Co. v. State, Department of Labor & Employment Security

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-27T00:00:00-08:00

Citation: 923 So. 2d 1252, 2006 Fla. App. LEXIS 4295

Snippet: assessments be based on “net premiums written,” § 440.49(9)(b)(3), Fla. Stat. (1999), amended, by ch. 2000-…sections 440.49 and 440.51, Florida Statutes. See § 440.49(9)(b)(l.), Fla. Stat. (2005); § 440.5l(l)(b), Fla.…the amount of "net premiums collected.” § 440.49(9)(b)(2.)-(3.), Fla. Stat. (2005); § 440.51(l)(b),

Florida Department of Financial Services v. RISCORP Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-16T00:00:00-08:00

Citation: 871 So. 2d 261, 2004 Fla. App. LEXIS 3239

Snippet: agree that (1) the interpretation of sections 440.49(9)(b)3 and 440.51(l)(b) urged by appellees and accepted… no bearing on the outcome; and (3) sections 440.49(9)(b)3 and 440.51(l)(b) do not permit ceded reinsurance

JM v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T23:53:00-08:00

Citation: 833 So. 2d 279

Snippet: process through publication as required by section 49.09, we reverse and remand for further proceedings. …of parental rights cases. Specifically, section 49.09 provides for the notice and return day: The notice…law or civil actions. Both refer back to section 49.09, which as quoted above, mandates the first notice

Meriweather v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-06T00:00:00-07:00

Citation: 740 So. 2d 1210, 1999 Fla. App. LEXIS 10602, 1999 WL 586979

Snippet: sentencing reflected a permissible range of 29.9 to 49.9 months’ imprisonment; Meriweather was sentenced

Florida RS, Inc. v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-18T00:00:00-08:00

Citation: 751 So. 2d 55, 1998 Fla. App. LEXIS 15959, 1998 WL 879142

Snippet: for breach of lease and violation of section 83.49(9), Florida Statutes (1995), which requires that interest

Department of Transp. v. Winter Park Golf Club

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-17T23:53:00-08:00

Citation: 687 So. 2d 970

Snippet: (Fla. 5th DCA 1996).[1] The amount of such time (49.9 hours) subtracted from the total hours found to

In Interest of DP

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-23T23:53:00-08:00

Citation: 595 So. 2d 62

Snippet: proceeding has been instituted. According to section 49.09, the notice of action: shall require defendant to… to apply the 28-day minimum set out in section 49.09 to require publication of the notice of hearing …service of process by publication in § 49.08, § 49.09, and § 49.10, Fla. Stat. As to the notice requirements… to apply the 28-day minimum set out in section 49.09 to require publication of the notice *65 of hearing…first publication," as the term is used in § 49.09, Fla. Stat., or to the completed publication process

Phillips v. Ostrer

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-31T00:00:00-08:00

Citation: 481 So. 2d 1241, 11 Fla. L. Weekly 141

Snippet: prohibitions against the expenditure of more than 49.9% of contributions. An actuarial study disclosed

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-10-25T00:53:00-07:00

Snippet: commission in the general county budget. Cf., s 30.49(9), F.S., which provides that proposed expenditures

Overholser v. Overstreet

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-20T00:53:00-07:00

Citation: 383 So. 2d 953

Snippet: the first publication of the notice of action. § 49.09, Fla. Stat. (1979). In this case, the premature

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-31T00:53:00-07:00

Snippet: operation of the sheriff's office. See s. 30.49(9), F. S., originally enacted in 1957, which provides