CopyCited 1 times | Published | Supreme Court of Florida
...Sheppard, who is indigent, has not been able to learn the whereabouts of his spouse. He obtained jurisdiction over her in order to begin his lawsuit on the authority of Section
57.081, Florida Statutes (1973), which absolves him of filing and service costs, and Section
49.10(1)(b), Florida Statutes (Supp....
...nt places in the county of residence and by mailing a notice to Mrs. Sheppard at her last known address. When Mrs. Sheppard failed to respond in any way, Mr. Sheppard moved for a default judgment. The trial judge denied his motion on the ground that Section 49.10(1)(b) is unconstitutional, and a direct appeal of that ruling was brought here....
...case and require a reversal. In Grissom we suggested that the Legislature could constitutionally authorize alternative methods of giving notice where personal service of process was impossible and media publication was unduly expensive. In response, Section
49.10(1)(b) was enacted and Section
49.12 was amended to accommodate the authorization of posting....
...I concur in the judgment of the Court and in the view that the posting procedure which the legislature has prescribed by Fla. Stat. §
49.11 (1973) is fully consistent with due process, in the narrow class of cases in which it is authorized by Fla. Stat. §
49.10(1)(b) (1974 Supp.), specifically dissolution and adoption proceedings....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 18148, 2007 WL 3355576
...Thereafter, the plaintiff must publish a notice of action “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.” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff must file an affidavit constituting proof of publication with the trial court, with a copy of the publication attached. § 49.10(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1991 WL 259444
...We remanded for the parents to be given a second opportunity to appear at a termination hearing, in compliance with the requirements for notice of hearings in § 39.462(1), Florida Statutes (1989), and for service of process by publication in §
49.08, §
49.09, and §
49.10, Fla....
...we are urged to clarify whether the underscored quoted reference to "publication" refers to the "first publication," as the term is used in §
49.09, Fla. Stat., or to the completed publication process, which is "four consecutive weeks," pursuant to §
49.10, Fla....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...In actions or proceedings for dissolution or annulment of marriage, adoption, or wherein the state law and state and federal Constitutions do not require personal service of process, the alternative means of obtaining jurisdiction or posting notice of action set forth in ss.
49.10 (1)(b) and
49.11 , F....
...S., are available if the party seeking to utilize those means has fully complied with s.
57.081 , F. S., and obtained a certificate of insolvency as required therein. If said party is not qualified or duly certified insolvent under s.
57.081 , the alternative means of obtaining jurisdiction or posting provided for in ss.
49.10 (1)(b) and
49.11 , and the means of publication prescribed by s....
...Any publication of notice made by such noncertified person shall be at the expense of the person publishing such notice, and the state or county is not responsible therefor. In civil actions or proceedings other than in the abovementioned categories, the alternative means for notice of action set forth in ss.
49.10 (1)(b) and
49.11 , F....
...from public funds. In the absence of a judgment of a court of competent jurisdiction requiring the state or county to pay such publication costs, the same may not be lawfully paid by the state or county. The Legislature may extend the provisions of ss.
49.10 (1)(b),
49.11 , and 50.071(3), F....
...y arise therein where no other means of securing such fundamental rights are available. The court also noted that if the costs in such cases became excessive, the Legislature should provide a less costly alternative method of obtaining jurisdiction. Section 49.10 (1)(b), F....
...he courts in these actions or proceedings. Further, as there are no publication costs to bear in such cases, the state and county are thus freed from this fiscal burden. However, compliance with s.
57.081 is a condition precedent to the operation of s.
49.10 (1)(b), and failure to so comply, whether through inability or neglect, renders said person ineligible to come under the operation of s.
49.10 (1)(b)....
...If the action or proceeding is not one for dissolution or annulment of marriage, adoption, or one wherein the statutes or Constitution of this state or the Constitution of the United States does not require personal service, neither the alternative means of obtaining jurisdiction provided by s. 49.10 (1)(b), supra, nor the means of publication provided for by s....
...tate or county. As to what other actions or proceedings may fall under the judicially created "fundamental human relationship" standard as enunciated in Grissom, supra, it is for the courts to determine, and the Legislature could, of course, extend ss. 49.10 (1)(b) and 50.071(3), F....
