Florida Statute 49.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

View Entire Chapter

F.S. 49.11

49.11 Notice of action, posting, proof.—If there is no newspaper published in the county, three copies of the notice shall be posted at least 28 days before the return day thereof in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notices, which affidavit shall include a copy of the notice posted and the date and places of its posting.

History.—s. 11, ch. 20452, 1941; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.

Note.—Former s. 48.11.

F.S. 49.11 on Google Scholar

F.S. 49.11 on Casetext

Amendments to 49.11

Arrestable Offenses / Crimes under Fla. Stat. 49.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.11.

Annotations, Discussions, Cases:

Cases Citing Statute 49.11

Total Results: 20

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

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

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-14T00:00:00-07:00

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

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-31T23:53:00-08:00

Snippet: used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive service…money judgment. See id. For that reason, “section 49.011 is not authorized for this type of action, which

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

JOSH METNICK v. RIGHT OF THE DOT, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-31T00:53:00-07:00

Snippet: limited by section 49.011 to certain enumerated actions or proceedings. See § 49.011 (“Service of …authorized as a matter of law” under section 49.011(1). Section 49.011(1) recognizes the right to service by…service of process by publication under section 49.011, Florida Statutes (2021), is not authorized in…personal jurisdiction. Metnick argued that section 49.011 provides for service of process by publication…First Amended Complaint was improper under section 49.011. As such, the trial court failed to obtain personal

RAFAEL BENAVENTE and CLARA E. BENAVENTE v. OCEAN VILLAGE PROPERTY OWNERS ASSOC., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

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

Demir v. Schollmeier

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: served defendant by publication under section 49.011. However, and as plaintiff commendably concedes…substituted service by publication under section 49.011 is not authorized for this type of action, which…service of process by publication under section 49.011 was not authorized for an action seeking damages…service of process by publication under section 49.011 was void in an action for damages arising out of

SADRAC ISNORD v. LAURENS MAGLOIRE ISNORD

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-19T00:53:00-07:00

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

Isnord v. Isnord

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-19T00:00:00-07:00

Citation: 222 So. 3d 602

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

Archer v. U.S. Bank National Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-31T00:00:00-07:00

Citation: 220 So. 3d 477

Snippet: constructive service by publication under [section 49.011(1), Florida, Statutes] cannot confer a court with…So.2d 1353, 1355 (Fla. 4th DCA 1986); see also § 49.011(1), Fla. Stat. (2013). Additionally, Archer

Martins v. Oaks Master Property Owners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-14T00:00:00-08:00

Citation: 159 So. 3d 142

Snippet: easily ascertainable.” Id. Pursuant to sections 49.011(1) and 49.021(1), Florida Statutes (2010), service

Milanick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-16T00:00:00-07:00

Citation: 147 So. 3d 34

Snippet: under section 49.011(1), Florida Statutes. This timely appeal followed. Section 49.011, Florida Statutes…whom process can be served within [Florida].” § 49.011(1), Fla. Stat. (2013). The case law is clear, however…defendant found in this state.”). Moreover, section 49.011 must be strictly construed against the party who

Peysina v. Deutsche Bank National Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 118 So. 3d 237

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

Drury v. NATIONAL AUTO LENDERS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-14T00:00:00-07:00

Citation: 83 So. 3d 951

Snippet: with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the judgment… then served Drury by publication under section 49.011, Florida Statutes. Although counsel for Drury&#…asserting service by publication pursuant to section 49.011 was neither a statutorily authorized nor a constitutionally…certain enumerated instances listed under section 49.011 of the Florida Statutes. "[S]trict and substantial…publication was proper in this case under section 49.011(1) of the Florida Statutes (2009), authorizing

Estela v. Cavalcanti

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 76 So. 3d 1054

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

Scott-Lubin v. Lubin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 49 So. 3d 838

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

Florida Sheriffs Workers' Compensation Self-Insurance Fund v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 40 So. 3d 792

Snippet: occurred on or after January 1, 1998." § 440.49(11), Fla. Stat. The SDTF continues to reimburse employers

Miller v. Partin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-12T00:00:00-08:00

Citation: 31 So. 3d 224

Snippet: may be utilized in any case allowed by section 49.011 upon any party, natural or corporation, known or… 49.021, Fla. Stat. (2007). Pursuant to section 49.011, service of process by publication may be utilized…property within the jurisdiction of the court. § 49.011(3), Fla. Stat. (2007). As a condition precedent

Lewis v. Fifth Third Mortgage Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 38 So. 3d 157, 2010 Fla. App. LEXIS 1362

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

Brown v. Cowell

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-20T00:00:00-07:00

Citation: 19 So. 3d 1171

Snippet: for annulment where the requirements of sections 49.011, 49.021, and 49.041, Florida Statutes (2008), have…serve process by publication pursuant to section 49.011, Florida Statutes (2008). The trial court, however…annulment where personal service cannot be had. See §§ 49.011, 49.021, Fla. Stat. (2008); Bedford Computer Corp