Florida Statute 49.10 - 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. 49.10

49.10 Notice of action, publication, proof.—

(1)(a) All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(b) In proceedings described in s. 49.011(4), (10), and (11), the clerk of the court shall post notices of action in the manner prescribed by s. 49.11 when such notices are required of persons authorized to proceed as indigent under s. 57.081.

(c) Notices of action in foreclosure proceedings as defined in s. 702.09 shall be published once during each week for 2 consecutive weeks (two publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(2) Proof of publication shall be made by affidavit of the owner, publisher, proprietor, editor, business manager, foreman or other officer or employee of the newspaper having knowledge of such publication. The affidavit shall set forth or have attached a copy of the notice, shall set forth the dates of each publication and otherwise comply with the requirements of law.

History.—s. 10, ch. 20452, 1941; s. 5, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254; s. 2, ch. 74-152; s. 1, ch. 75-205; s. 8, ch. 93-250; s. 67, ch. 2003-402.

Note.—Former s. 48.10.

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Amendments to 49.10

Annotations, Discussions, Cases:

Cases Citing Statute 49.10

Total Results: 5

Sheppard v. Sheppard

329 So. 2d 1

Supreme Court of Florida | Filed: Mar 10, 1976 | Docket: 1250957

Cited 1 times | Published

absolves him of filing and service costs, and Section 49.10(1)(b), Florida Statutes (Supp. 1974). The latter

Kopecky v. Kopecka

967 So. 2d 1109, 2007 Fla. App. LEXIS 18148, 2007 WL 3355576

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853036

Published

requirements as are prescribed by law for such purpose.” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff

Toms v. City of Crystal River

609 So. 2d 153, 1992 Fla. App. LEXIS 12232, 1992 WL 355048

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692274

Published

City of Crystal River failed to comply with section 49.-10(l)(a), Florida Statutes (1991), which requires

In Interest of DP

595 So. 2d 62, 1991 WL 259444

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

Published

process by publication in § 49.08, § 49.09, and § 49.10, Fla. Stat. As to the notice requirements prior

Ago

Florida Attorney General Reports | Filed: Apr 21, 1976 | Docket: 3256079

Published

alternative method of obtaining jurisdiction. Section 49.10(1)(b), F. S., provides that, in proceedings