Florida/Georgia Personal Injury & Workers Compensation

service may be made by publication. Fla.Stat.Ann. § 49.011 (West Supp.1985). None of the categories involve

(2000) (requiring personal service); see also § 49.011, Fla. Stat. (2000) (listing the actions and proceedings

constructive service of process under Fla. Stat. § 49.011, notice having been given not only by publication

personam tort action like the instant one. See Section 49.011, Fla. Stat. (1975). See also, e.g., Ake v.

final judgment. The court recognized that while section 49.011, Florida Statutes (1981) provides that service

Procedure § 8-17 (1989). Subsections (2) and (5) of section 49.011, Florida Statutes (1987), provide the court

Lahr v. Lahr, 337 So.2d 837 (Fla. 2d DCA 1976); § 49.011(4), Fla. Stat. (1979). Indeed, the husband concedes

directed to the natural mother pursuant to Section 49.011(10) Florida Statutes F.S.A. (1971). In Dade

process by publication in a foreclosure action. See § 49.011, Fla. Stat. (2003). However, it may do so only

the validity of the original final judgment. Section 49.011(4), Florida Statutes, provides for constructive

perfected constructive service pursuant to section 49.011, Florida Statutes (2005). A Final Summary Judgment

concerns of the special concurring opinion, Section 49.011 Florida Statutes (1981) provides that service

different actions and proceedings enumerated in Section 49.011, Florida Statutes (1985), is not available

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F.S.A., enumerates

petitioner in a dissolution of marriage proceeding. Section 49.011(4), Florida Statutes. A condition precedent

served with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the

service upon a defendant in a foreclosure action. Section 49.011(1), Florida Statutes (1983) provides that service

publication was attempted in accordance with Fla. Stat. § 49.011 (1973). Respondent did not appear in the cause

that service by publication was proper under section 49.011(2), Florida Statutes (1989). We disagree. The

service as was had in this case. See, Fla. Stat. § 49.011(1) (1973). The cause is reversed and remanded

motion was denied and this appeal followed. *346 Section 49.011, Florida Statutes, authorizes service of process

publication in a foreclosure action is permitted, see § 49.011, Fla. Stat. (2007), a mortgage *164holder may

personal jurisdiction over a defendant, since Section 49.011 does not authorize service of process by publication

out-of-state landlord via publication under F.S. 49.011, Laws of 1973. The landlord's motion to quash

constructive service *100 were equally ineffective. Section 49.011, Florida Statutes (1977), describes the only

by publication is expressly provided for in section 49.011, Florida Statutes (1985), and the types of

the court, service by publication is proper. See § 49.011(1), Fla. Stat. (1981). Similarly, such service

constructive service by publication under [section 49.011(1), Florida, Statutes] cannot confer a court

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F. S.A., enumerates

cannot obtain personal service of process. See § 49.011, Fla. Stat. (2005). If the constructive service

personal service or process is not required. See F.S. 49.011, F.S.A. Second, a suit against non-resident stockholders

one that falls within the provisions of F.S., Section 49.011, F.S.A., sanctioning constructive service of

on Taylor was possible by publication, under section 49.011(9), Florida Statutes (2007). Commercebank did

...The latter statute substitutes posting for publication in dissolution and certain other cases brought by indigents. When Mrs. Sheppard failed to appear in the suit, he requested a default judgment of divorce. Service of process was perfected under Sections 49.11 and 49.12, Florida Statutes (1973), by posting in three prominent places in the county of residence and by mailing a notice to Mrs....

...OVERTON, C.J., and ROBERTS, ADKINS and SUNDBERG, JJ., concur. HATCHETT, J., concurs with an opinion. BOYD, J., dissents. HATCHETT, Justice (concurring). 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....

2007-85, section 1, Laws of Florida, amends section 49.011, Florida Statutes (2006) to allow service of

publication when a spouse cannot be located. Under section 49.011, Florida Statutes (1997), service by publication

jurisdiction under section 49.011(1), Florida Statutes. This timely appeal followed. Section 49.011, Florida Statutes

statutes placing suits in the trial court system, Section 49.011, and locating nonjudicial hearings within the

be served by publication as provided by law. Section 49.011(13), Florida Statutes, provides for service

constructively served defendant by publication under section 49.011. However, and as plaintiff commendably concedes

Dieujuste, 496 So.2d 806, 808 (Fla.1986); see also § 49.011(4), Fla. Stat. (2006) (permitting service by publication

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive

...Marquette Savings and Loan Association, 686 F.2d 608, 615 (7th Cir.1982); United *661 States v. Tapert, 625 F.2d 111, 121 (6th Cir.), cert. denied, 449 U.S. 952 , 101 S.Ct. 356 , 66 L.Ed.2d 216 and 449 U.S. 1034 , 101 S.Ct. 610 , 66 L.Ed.2d 496 (1980); C. Sand, Sutherland Statutory Construction § 49.11 at 414-15 (N....

individual defendants was by publication under § 49.011 Fla.Stat., F.S.A. Their-motion challenging jurisdiction

was improperly served by publication. Fla. Stat. § 49.011; Alan Restaurant Corp. v. Walder, 399 So.2d 1128

to serve process by publication pursuant to section 49.011, Florida Statutes (2008). The trial court,

Gelkop, 384 So.2d 195 (Fla. 3d DCA 1980), section 49.011(4), Florida Statutes (1983) and 2) the notice

204 So. 3d 512, 515 (Fla. 4th DCA 2016); accord § 49.011, Fla. Stat. (2017); § 49.021, Fla. Stat. (2017);

mailing to the Hastings residence was returned. Section 49.011(1), Florida Statutes (1983), provides that

require an accounting. We affirm the order. See section 49.011, Florida Statutes (1979), and Gribbel v. Henderson

422 So.2d 1052, 1053 (Fla. 4th DCA 1982). Section 49.011(4), Florida Statutes (2007), provides that

could not have properly granted such a request. Section 49.011, Florida Statutes (2022), permits service

process on appellant was by publication pursuant to § 49.011(4), Florida Statutes (1985). In his petition,

of process by publication was improper under Section 49.011, Florida Statutes (1997).3 That portion of

(assuming the case is one of the kinds described in section 49.011) only when personal service cannot be effected

publication may be utilized in any case allowed by section 49.011 upon any party, natural or corporation, known

this state as our own statutes so provide. See Section 49.011(4), Florida Statutes (1975). For their second

amenable to service by publication pursuant to Section 49.011, Florida Statutes (1975). They further moved

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal

obtained and only in the kinds of cases listed in section 49.011, Florida Statutes.” Giron v. Ugly Mortg., Inc

perfected constructive process against him pursuant to § 49.011, F.S.1973. Personal service of the writ of garnishment

service by publication on the defendant. See F.S. § 49.-011, F.S.A. Cf. deMoya v. dePena, Fla.App.1963, 148

(provided the case is one of those enumerated in section 49.011) only when personal service cannot be effected

So.2d 1225, 1227 (Fla.1986). When construing section 49.011, et. seq., which provides for service of process

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive

(provided the case is one of the kinds listed in section 49.011, Florida Statutes (2010)) is only permitted

defendant before resorting to constructive service. Section 49.011, Florida Statutes (1983). The standard of diligence

because service of process by publication under section 49.011, Florida Statutes (2021), is not authorized

publication. That argument is without merit. Section 49.011, Fla.Stat., F.S.A. provides for service by