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: 19

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

Court: Supreme Court of Florida | Date Filed: 2022-01-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2012-11-13

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: District Court of Appeal of Florida | Date Filed: 2007-11-14

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

State v. American Tobacco Co.

Court: Supreme Court of Florida | Date Filed: 1998-11-13

Citation: 723 So. 2d 263, 1998 WL 796219

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: District Court of Appeal of Florida | Date Filed: 1997-12-24

Citation: 703 So. 2d 1190, 1997 Fla. App. LEXIS 14580, 1997 WL 786521

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: District Court of Appeal of Florida | Date Filed: 1997-10-01

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

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

Court: District Court of Appeal of Florida | Date Filed: 1996-12-19

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: District Court of Appeal of Florida | Date Filed: 1996-12-19

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: Florida Attorney General Reports | Date Filed: 1993-02-17

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: District Court of Appeal of Florida | Date Filed: 1992-12-04

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: District Court of Appeal of Florida | Date Filed: 1992-03-24

Citation: 595 So. 2d 62, 1991 WL 259444

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

Mouzon v. Mouzon

Court: District Court of Appeal of Florida | Date Filed: 1984-11-01

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:

Dominguez v. Equitable Life Assur. Soc.

Court: District Court of Appeal of Florida | Date Filed: 1983-08-30

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: Florida Attorney General Reports | Date Filed: 1976-04-21

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

Sheppard v. Sheppard

Court: Supreme Court of Florida | Date Filed: 1976-03-10

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

Board of County Commissioners v. Hendry

Court: District Court of Appeal of Florida | Date Filed: 1974-09-30

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

Grissom v. Dade County

Court: Supreme Court of Florida | Date Filed: 1974-03-27

Citation: 293 So. 2d 59

Snippet: validity of Florida Statutes Sections 49.011(10) and 49.10 (1971) F.S.A. We have jurisdiction pursuant to Florida

Grissom v. Dade County

Court: District Court of Appeal of Florida | Date Filed: 1973-07-03

Citation: 279 So. 2d 899

Snippet: natural parents pursuant to F.S. §§ 49.011(10) and 49.10 F.S.A. Ms. Grissom filed this class action on her

Auto-Owners Insurance Co. v. Atlantic National Insurance

Court: District Court of Appeal of Florida | Date Filed: 1968-02-23

Citation: 207 So. 2d 329, 1968 Fla. App. LEXIS 5921

Snippet: amount of $385.00, making a total judgment of $6,049.10. The complaint further states that pursuant to