Florida Statute 49.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

View Entire Chapter

F.S. 49.31

49.31 Appointment of ad litem.—

(1) As used in this section, the term “ad litem” means an attorney, administrator, or guardian ad litem.

(2) The court may appoint an ad litem for any party, whether known or unknown, upon whom service of process by publication under this chapter has been properly made and who has failed to file or serve any paper in the action within the time required by law. A court may not appoint an ad litem to represent an interest for which a personal representative, guardian of property, or trustee is serving.

(a) If the court has appointed an ad litem and the ad litem discovers that a personal representative, guardian of property, or trustee is serving who represents the interest for which the ad litem was appointed, the ad litem must promptly report that finding to the court and must file a petition for discharge as to any interest for which the personal representative, guardian of property, or trustee is serving.

(b) If the court has appointed an ad litem to represent an interest and the ad litem discovers that the person whose interest he or she represents is deceased and there is no personal representative, guardian of property, or trustee to represent the decedent’s interest, the ad litem must make a reasonable attempt to locate any spouse, heir, devisee, or beneficiary of the decedent, must report to the court the name and address of all such persons whom the ad litem locates, and must petition for discharge as to any interest of the person located.

(3) The court may not require an ad litem to post a bond or designate a resident agent in order to serve as an ad litem.

(4) The court shall discharge the ad litem when the final judgment is entered or as otherwise ordered by the court.

(5) The ad litem is entitled to an award of a reasonable fee for services rendered and costs, which shall be assessed against the party requesting the appointment of the ad litem, or as otherwise ordered by the court. State funds may not be used to pay fees for services rendered by the ad litem unless state funds would have been expended for such services in the same circumstance before July 1, 2015.

(6) In all cases adjudicated in which the court appointed an ad litem, a proceeding may not be declared ineffective solely due to lack of statutory authority to appoint an ad litem.

(7) This section does not abrogate a court’s common law authority to appoint an ad litem.

History.—s. 1, ch. 2015-95.

F.S. 49.31 on Google Scholar

F.S. 49.31 on Casetext

Amendments to 49.31

Arrestable Offenses / Crimes under Fla. Stat. 49.31

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.31.

Annotations, Discussions, Cases:

Cases Citing Statute 49.31

Total Results: 20

Inter American Coal v. She Ddf2-Fl2

Court: District Court of Appeal of Florida | Date Filed: 2018-09-05

Citation: 255 So. 3d 432

Snippet: in attempting to serve Inter American. See §§ 49.031 (sworn statement as a condition precedent for service

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

Court: District Court of Appeal of Florida | Date Filed: 2017-03-31

Citation: 220 So. 3d 477, 2017 WL 1202683, 2017 Fla. App. LEXIS 4418

Snippet: diligent search requirements set forth in sections 49.031 and 49.041, Florida Statutes (2013). The trial

Wolfe v. Stevens

Court: District Court of Appeal of Florida | Date Filed: 2007-10-05

Citation: 965 So. 2d 1257, 2007 WL 2891413

Snippet: statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (2005), and subsequently

Dept. of Children and Families v. JJE

Court: District Court of Appeal of Florida | Date Filed: 2007-03-30

Citation: 953 So. 2d 659, 2007 Fla. App. LEXIS 4670

Snippet: personal service could not be obtained. Section 49.031(1) Florida Statutes (2006); Floyd. The sworn statement

M.E. v. N.P.S.

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 804 So. 2d 548, 2002 Fla. App. LEXIS 232

Snippet: name and residence of the person to be served. §§ 49.031, 49.041, Fla. Stat. (1997). The issue at the hearing

Me v. Nps

Court: District Court of Appeal of Florida | Date Filed: 2002-01-16

Citation: 804 So. 2d 548, 2002 WL 54045

Snippet: name and residence of the person to be served. §§ 49.031, 49.041, Fla. Stat. (1997). The issue at the hearing

Reina v. Barnett Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2000-02-16

Citation: 766 So. 2d 290, 2000 WL 174611

Snippet: this case, the Bank relied on sections 49.011(1), 49.031, and 49.041, Florida Statutes (1997).

Grier v. Florida Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 1998-06-17

Citation: 710 So. 2d 1384, 1998 Fla. App. LEXIS 7414

Snippet: to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after

Honegger v. COASTAL FERTILIZER & SUPPLY

Court: District Court of Appeal of Florida | Date Filed: 1998-06-12

Citation: 712 So. 2d 1161, 1998 WL 372398

Snippet: for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily

Corneal v. O'Brien

Court: District Court of Appeal of Florida | Date Filed: 1998-03-11

Citation: 707 So. 2d 908, 1998 Fla. App. LEXIS 2289, 1998 WL 103746

Snippet: of diligent search as required by statute. See § 49.031, Fla. Stat. (1995). In sum, as *909defendant argues

Floyd v. Federal Nat. Mortg. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1998-01-09

Citation: 704 So. 2d 1110, 1998 Fla. App. LEXIS 138, 1998 WL 4093

Snippet: discover the names and addresses of the defendants. §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). The affidavit

Baynes v. Baynes

Court: District Court of Appeal of Florida | Date Filed: 1997-03-19

Citation: 690 So. 2d 662, 1997 Fla. App. LEXIS 2490

Snippet: diligent search and inquiry pursuant to sections 49.031 through 49.041, Florida Statutes *663(1995), wherein

Tindal v. Varner

Court: District Court of Appeal of Florida | Date Filed: 1996-02-07

Citation: 667 So. 2d 890, 1996 WL 46594

Snippet: statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (1993), which tracks

Batchin v. Barnett Bank of Southwest Florida

Court: District Court of Appeal of Florida | Date Filed: 1994-08-05

Citation: 647 So. 2d 211, 1994 Fla. App. LEXIS 7809, 1994 WL 406674

Snippet: statement is a condition precedent to such service. § 49.031, Fla. Stat. (1991). A party seeking service under

Demars v. VILLAGE OR SANDALWOOD LAKES

Court: District Court of Appeal of Florida | Date Filed: 1993-04-07

Citation: 625 So. 2d 1219, 1993 WL 100150

Snippet: the statute. This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter

Tompkins v. Barnett Bank of St. Johns County

Court: District Court of Appeal of Florida | Date Filed: 1985-11-21

Citation: 478 So. 2d 878, 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

Snippet: property within the jurisdiction of the court. Section 49.031 provides: (1)As a condition precedent to service

Mouzon v. Mouzon

Court: District Court of Appeal of Florida | Date Filed: 1984-11-01

Citation: 458 So. 2d 381

Snippet: personal service of process. [15] See §§ 49.021(1); 49.031; 49.041; 49.08; 49.10; 49.12, Fla. Stat. [16]

Poe v. Estate of Levy

Court: District Court of Appeal of Florida | Date Filed: 1982-03-03

Citation: 411 So. 2d 253

Snippet: agreement is unenforceable. Hewitt v. Hewitt, 77 Ill.2d 49, 31 Ill.Dec. 827, 394 N.E.2d 1204 (1979); Restatement

Hyman v. Canter

Court: District Court of Appeal of Florida | Date Filed: 1980-10-21

Citation: 389 So. 2d 322

Snippet: admitted by Hyman, erroneously entered, Sections 49.031 and 49.041, Florida Statutes (1979); (2) where

Mayo v. Mayo

Court: District Court of Appeal of Florida | Date Filed: 1977-04-13

Citation: 344 So. 2d 933

Snippet: the petitioner, his agent or attorney. Section 49.031(1), Florida Statutes. Where, as here, a natural