Florida Statute 49.10 | 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. 49.10

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.

F.S. 49.10 on Google Scholar

F.S. 49.10 on Casetext

Amendments to 49.10

Arrestable Offenses / Crimes under Fla. Stat. 49.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.10.

Annotations, Discussions, Cases:

Cases Citing Statute 49.10

Total Results: 20

Alachua County, etc. v. Clovis Watson, Jr., etc.

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

Snippet: the appropriation of additional amounts.” § 30.49(10). The sheriff gets to appeal the county’s decision

Arthur O'Derrell Franklin v. State of Florida

Court: Fla. | Date Filed: 2018-11-08T00:00:00-08:00

Citation: 258 So. 3d 1239

Snippet: Atwell, 197 So. 3d at 1048-49. - 10 - Thus, I would conclude

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, Florida

Kopecky v. Kopecka

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-14T00:00:00-08:00

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

Snippet: requirements as are prescribed by law for such purpose.” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff…court, with a copy of the publication attached. § 49.10(2), Fla. Stat. (2007). The husband complied with

State v. American Tobacco Co.

Court: Fla. | Date Filed: 1998-11-12T23:53:00-08:00

Citation: 723 So. 2d 263

Snippet: charging liens. See Mabry v. Knabb, 151 Fla. 432, 448-49, 10 So.2d 330, 336 (1942). The State responds that

American Reliance Ins. Co. v. Kiet Investments, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-23T23:53:00-08:00

Citation: 703 So. 2d 1190

Snippet: Hanover Fire Ins. Co. v. Lewis, 28 Fla. 209, 248-49, 10 So. 297, 303 (1891)). As in this case, the arbitration

Pierce v. Insurance Co. of North America

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-01T00:00:00-07:00

Citation: 699 So. 2d 827, 1997 Fla. App. LEXIS 11152, 1997 WL 599653

Snippet: §§ 901-950 (1988) (LHWCA), INA paid Pierce $28,049.10 in worker’s compensation benefits for his medical…they were therefore entitled to recover the $28,049.10 as the amount they paid for medical expenses. The

Paradise Plaza Condominium Ass'n v. Reinsurance Corp. of New York

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-19T00:00:00-08:00

Citation: 685 So. 2d 937, 1996 Fla. App. LEXIS 13215, 1996 WL 727159

Snippet: the contract between the parties. 28 Fla. at 248-49, 10 So. at 303 (emphasis added). The provision in the

PARADISE PLAZA v. Reinsurance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-18T23:53:00-08:00

Citation: 685 So. 2d 937

Snippet: the contract between the parties. 28 Fla. at 248-49, 10 So. at 303 (emphasis added). The provision in the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-02-16T23:53:00-08:00

Snippet: accrued for either annual or sick leave. 7 See, s. 30.49(10), F.S. (if emergency should arise by which sheriff

Toms v. City of Crystal River

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-04T00:00:00-08:00

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

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

In Interest of DP

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

Citation: 595 So. 2d 62

Snippet: process by publication in § 49.08, § 49.09, and § 49.10, Fla. Stat. As to the notice requirements prior …quot;four consecutive weeks," pursuant to § 49.10, Fla. Stat. We clarify our prior opinion and state

Florida Bar v. Padawer

Court: Fla. | Date Filed: 1985-10-31T00:00:00-08:00

Citation: 478 So. 2d 49, 10 Fla. L. Weekly 590, 1985 Fla. LEXIS 4025

Snippet: Ehrlich, Overton, Shaw 31 October 1985 478 So. 2d 49, 10 Fla. L. Weekly 590, 1985 Fla. LEXIS 4025 John

Sori v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-23T00:00:00-07:00

Citation: 477 So. 2d 49, 10 Fla. L. Weekly 2415, 1985 Fla. App. LEXIS 16445

Snippet: Grimes, Lehan, Scheb 23 October 1985 477 So. 2d 49, 10 Fla. L. Weekly 2415, 1985 Fla. App. LEXIS 16445

Mouzon v. Mouzon

Court: Fla. Dist. Ct. App. | Date Filed: 1984-10-31T23:53:00-08:00

Citation: 458 So. 2d 381

Snippet: [15] See §§ 49.021(1); 49.031; 49.041; 49.08; 49.10; 49.12, Fla. Stat. [16] See Annot., Long-arm statutes

Holland v. Hattaway

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-22T00:53:00-07:00

Citation: 438 So. 2d 456

Snippet: 11 | 7 Oct 1980 14-49 | 10 Apr 1981 |

Dominguez v. Equitable Life Assur. Soc.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-08-30T00:00:00-07:00

Citation: 438 So. 2d 58

Snippet: at which time it reduced the monthly payment to $49.10, advising the plaintiff to seek the balance from

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-04-20T23:53:00-08:00

Snippet: jurisdiction or posting notice of action set forth in ss. 49.10(1)(b) and 49.11, F. S., and the means of publication…obtaining jurisdiction or posting provided for in ss.49.10(1)(b) and 49.11, and the means of publication prescribed…alternative means for notice of action set forth in ss. 49.10(1)(b) and 49.11, F. S., and the means of publication…The Legislature may extend the provisions of ss. 49.10(1)(b), 49.11, and 50.071(3), F. S., to other areas…alternative method of obtaining jurisdiction. Section 49.10(1)(b), F. S., provides that, in proceedings for

Sheppard v. Sheppard

Court: Fla. | Date Filed: 1976-03-09T23:53:00-08:00

Citation: 329 So. 2d 1

Snippet: absolves him of filing and service costs, and Section 49.10(1)(b), Florida Statutes (Supp. 1974). The latter…judge denied his motion on the ground that Section 49.10(1)(b) is unconstitutional, and a direct appeal of…publication was unduly expensive. In response, Section 49.10(1)(b) was enacted and Section 49.12 was amended …cases in which it is authorized by Fla. Stat. § 49.10(1)(b) (1974 Supp.), specifically dissolution and

Board of County Commissioners v. Hendry

Court: Fla. Dist. Ct. App. | Date Filed: 1974-09-30T00:00:00-07:00

Citation: 301 So. 2d 483, 1974 Fla. App. LEXIS 8583

Snippet: requested a budget amendment as provided in F.S.A. 30.49(10). On October 3, 1972, the Board approved a partial…administrative remedies as provided in F.S.A. 30.-49(10). Appellant Board raised the point that mandamus…his administrative remedies. We agree. F.S.A. 30.49(10) specifically provides an administrative remedy