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: Fla. Dist. Ct. App. | Date Filed: 2018-09-05T00:53:00-07:00

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

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: Fla. Dist. Ct. App. | Date Filed: 2007-10-05T00:53:00-07:00

Citation: 965 So. 2d 1257

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: Fla. Dist. Ct. App. | Date Filed: 2007-03-30T00:53:00-07:00

Citation: 953 So. 2d 659

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: Fla. Dist. Ct. App. | Date Filed: 2002-01-16T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2002-01-15T23:53:00-08:00

Citation: 804 So. 2d 548

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: Fla. Dist. Ct. App. | Date Filed: 2000-02-15T23:53:00-08:00

Citation: 766 So. 2d 290

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: Fla. Dist. Ct. App. | Date Filed: 1998-06-17T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1998-06-12T00:00:00-07:00

Citation: 712 So. 2d 1161

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

Corneal v. O'Brien

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-11T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1998-01-08T23:53:00-08:00

Citation: 704 So. 2d 1110

Snippet: discover the names and addresses of the defendants. §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). The affidavit…effecting constructive service by publication. See §§ 49.031(1), 49.041(1), Fla. Stat. (1995). However, service

Baynes v. Baynes

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-19T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1996-02-06T23:53:00-08:00

Citation: 667 So. 2d 890

Snippet: statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (1993), which tracks…judgment voidable. Demars, 625 So.2d at 1222. See § 49.031(3), Fla.Stat. (1993). Because Ms. Tindal's

Batchin v. Barnett Bank of Southwest Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:53:00-07:00

Citation: 647 So. 2d 211

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: Fla. Dist. Ct. App. | Date Filed: 1993-04-07T00:53:00-07:00

Citation: 625 So. 2d 1219

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

Tompkins v. Barnett Bank of St. Johns County

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-21T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1984-10-31T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1982-03-02T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1980-10-21T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1977-04-12T23:53:00-08:00

Citation: 344 So. 2d 933

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