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Florida Statute 49.12 - Full Text and Legal Analysis Florida Statute 49.12 | Lawyer Caselaw & Research
Fla. Stat. § 49.12 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
49.12 Mailing of notice of action.If the residence of any party to be served by publication is stated in the sworn statement with more particularity than the name of the state or country in which the defendant resides, the clerk or the judge shall mail a copy of the notice by United States mail, with postage prepaid, to each defendant within 10 days after making or posting the notice, the date of mailing to be noted on the docket with a copy of the pleading for which the notice was issued.
History.s. 13, ch. 20452, 1941; s. 7, ch. 29737, 1955; s. 5, ch. 67-254; s. 3, ch. 74-152.
Note.Former s. 48.13.

Cases Citing F.S. 49.12

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·Gmaz v. King, 238 So. 2d 511 (Fla. 2d DCA 1970).

Cited 15 times | Published | Florida 2nd District Court of Appeal

...[3] Required to be kept by § 193.39, F.S.A. [4] (1938), 136 Fla. 50, 186 So. 526, 534. [5] McDaniel v. McElvy (1926), 91 Fla. 770, 108 So. 820, 831. [6] §§ 48.02 and 48.04, F.S. 1965, now §§ 49.021 and 49.041, F.S.A. [7] § 48.13, F.S. 1965, now § 49.12, F.S.A....
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Cited as authorityCastro (2013)
phrase: "rule_authority"
Cited as authorityRodrigue (2009)
phrase: "rule_authority"
Cited as authorityMc (1999)
phrase: "rule_authority"
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·Est. of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 1990 WL 77248

...erefore, it is obvious the appellants' specific residences must have been set forth in the affidavits for them to have received a copy of the notices of action mailed to them at their particularized residence by the clerk of the court as required in section 49.12....
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Cited as authorityMurga (2006)
phrase: "rule_authority"
Cited as authorityMurga (2006)
phrase: "rule_authority"
Cited as authority(citing case) (2006)
phrase: "rule_authority"
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·Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc., 593 So. 2d 549 (Fla. 4th DCA 1992).

Cited 10 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 324, 1992 WL 7201

...or his residence herein, and that the same are unknown to the Plaintiff" held to be insufficient). Had the Association's statement set forth Mrs. Gans's Miami address, the clerk or the judge would have mailed her a copy of the notice by publication. Section 49.12, Fla....
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Cited as authorityCastro (2013)
phrase: "rule_authority"
Cited as authorityLewis (2010)
phrase: "rule_authority"
Cited as authorityRodrigue (2009)
phrase: "rule_authority"
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·Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980).

Cited 8 times | Published | Florida 3rd District Court of Appeal

...roceedings. NOTES [1] Fla.R.App.P. 9.130(a)(3)(C)(iv). [2] Fla.R.Civ.P. 1.070(b). [3] We are cognizant of the fact that the clerk failed to note in the progress docket the date of mailing of the "notice of action" to the defendants as required under Section 49.12, Florida Statutes (1979)....
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Cited as authorityCardoza (2012)
phrase: "rule_authority"
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Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 46594

...Tindal's address as "address unknown." The published notice did not contain Ms. Tindal's local address, even though that address was next door to the Varners' home. Because no address was provided, the notice was not mailed to Ms. Tindal's residence, as required by section 49.12, Florida Statutes (1993)....
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·Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976).

Cited 1 times | Published | Supreme Court of Florida

...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....
...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....
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Cited as authorityPhillips (1977)
phrase: "rule_authority"
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·Corneal v. O'Brien, 707 So. 2d 908 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 2289, 1998 WL 103746

...Schwarz & Schiffrin, 411 So.2d 1359 (Fla. 3d DCA 1982). In the instant ease, the record is devoid of evidence that plaintiff made any effort to contact defendant. The trial docket fails to show that the clerk mailed notice of the suit to defendant as required by section 49.12 Florida Statutes (1995), although defendant’s address was easily ascertainable and defendant had made no effort to conceal his whereabouts....
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Cited as authorityCastro (2013)
phrase: "rule_authority"
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Tompkins v. Barnett Bank of St. Johns Cnty., 478 So. 2d 878 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

set forth in the plaintiffs sworn statement. Section 49.12, Florida Statutes (1983), required the clerk
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Coin Copies, Inc. v. Fin. Fed. Sav. & Loan Ass'n, 472 So. 2d 869 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 1740, 1985 Fla. App. LEXIS 15001

along with the notice of action as required by section 49.-12, Florida Statutes (1983), and Florida Rule

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.