Florida Statute 49.9 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 49.09

Annotations, Discussions, Cases:

Cases Citing Statute 49.09

Total Results: 5

The Hinesville Bank v. Pony Express Courier Corp.

868 F.2d 1532, 1989 U.S. App. LEXIS 4156, 1989 WL 15763

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 1989 | Docket: 987015

Cited 11 times | Published

or the public enemies of the state. . O.C.G.A. § 49-9-3. Showings required by common carrier as prerequisite

Overholser v. Overstreet

383 So. 2d 953

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 457374

Cited 8 times | Published

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

JM v. Department of Children and Families

833 So. 2d 279, 2002 WL 31875064

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259151

Cited 1 times | Published

process through publication as required by section 49.09, we reverse and remand for further proceedings

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

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

District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 60246503

Published

Appellant should file defenses pursuant to section 49.09, Florida Statutes (2012). The record shows that

In Interest of DP

595 So. 2d 62, 1991 WL 259444

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1299412

Published

proceeding has been instituted. According to section 49.09, the notice of action: shall require defendant