Florida Statutes
Fla. Stat. § 49.12 (2025)
Mailing of notice of action.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 48.13.
Notes of Decisions
Cited in 8
cases, 1970–1998 · leading case: Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980).
Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980). “[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). Additionally, the statute requires the "notice of action" to be mailed,…”
Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc., 593 So. 2d 549 (Fla. 4th DCA 1992). “1st DCA 1983) (statement that "[affiant] has made diligent search and inquiry to determine the whereabouts of the Defendant and/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.”
Est. of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990). “were filed in the quiet title suits, the complaint we review states that process in the quiet title suits was received by mail; therefore, 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…”
Corneal v. O'Brien, 707 So. 2d 908 (Fla. 3d DCA 1998). “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.”
Gmaz v. King, 238 So. 2d 511 (Fla. 2d DCA 1970). “1965, now § 49.12, F.S.A. [8] See, e.g., Young Spring & Wire Corp.”
Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996). “Tindal's residence, as required by section 49.12, Florida Statutes (1993). On October 27, 1993, the clerk entered a default on constructive service, and the trial court entered final judgment granting injunctive relief on January 14, 1994.”
Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976). “10(1)(b) was enacted and Section 49.12 was amended to accommodate the authorization of posting.”
Tompkins v. Barnett Bank of St. Johns Cnty., 478 So. 2d 878 (Fla. 1st DCA 1985). “Section 49.12, Florida Statutes (1983), required the clerk of the court to mail a copy of the notice of action to Gelse-bach at her residence — George Miller Road, Hastings, Florida.”
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