The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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CHAPTER 49

CONSTRUCTIVE SERVICE OF PROCESS

49.011 Service of process by publication; cases in which allowed.

49.021 Service of process by publication, upon whom.

49.031 Sworn statement as condition precedent.

49.041 Sworn statement, natural person as defendant.

49.051 Sworn statement, corporation as defendant.

49.061 Sworn statement, parties doing business under a corporate name as defendants.

49.071 Sworn statement, unknown parties as defendants.

49.08 Notice of action, form.

49.09 Notice of action, return day.

49.10 Notice of action, publication, proof.

49.11 Notice of action, posting, proof.

49.12 Mailing of notice of action.

49.31 Appointment of ad litem.

49.011 Service of process by publication; cases in which allowed.—Service of process by publication may be made in any court on any party identified in s. 49.021 in any action or proceeding:

(1) To enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.

(2) To quiet title or remove any encumbrance, lien, or cloud on the title to any real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.

(3) To partition real or personal property within the jurisdiction of the court.

(4) For dissolution or annulment of marriage.

(5) For the construction of any will, deed, contract, or other written instrument and for a judicial declaration or enforcement of any legal or equitable right, title, claim, lien, or interest thereunder.

(6) To reestablish a lost instrument or record which has or should have its situs within the jurisdiction of the court.

(7) In which a writ of replevin, garnishment, or attachment has been issued and executed.

(8) In which any other writ or process has been issued and executed which places any property, fund, or debt in the custody of a court.

(9) To revive a judgment by motion or scire facias.

(10) For adoption.

(11) In which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(12) In probate or guardianship proceedings in which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(13) For termination of parental rights pursuant to part VIII of chapter 39 or chapter 63.

(14) For temporary custody of a minor child, under chapter 751.

(15) To determine paternity, but only as to:

(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father; or

(b) The legal mother when there is no legal father.

History.—s. 1, ch. 20452, 1941; s. 5, ch. 67-254; s. 15, ch. 71-355; s. 1, ch. 73-5; s. 1, ch. 73-300; s. 13, ch. 84-311; s. 7, ch. 93-104; s. 45, ch. 94-164; s. 14, ch. 98-280; s. 20, ch. 99-2; s. 1, ch. 2007-85; s. 2, ch. 2008-151; s. 8, ch. 2010-30; s. 44, ch. 2011-213; s. 16, ch. 2022-190.

Note.—Former s. 48.01.

49.021 Service of process by publication, upon whom.—Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including:

(1) Any known or unknown natural person, and, when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under, or against any known or unknown person who is known to be dead or is not known to be either dead or alive;

(2) Any corporation or other legal entity, whether its domicile be foreign, domestic, or unknown, and whether dissolved or existing, including corporations or other legal entities not known to be dissolved or existing, and, when described as such, the unknown assigns, successors in interest, trustees, or any other party claiming by, through, under, or against any named corporation or legal entity;

(3) Any group, firm, entity, or persons who operate or do business, or have operated or done business, in this state, under a name or title which includes the word “corporation,” “company,” “incorporated,” “inc.,” or any combination thereof, or under a name or title which indicates, tends to indicate or leads one to think that the same may be a corporation or other legal entity; and

(4) All claimants under any of such parties.

Unknown parties may be proceeded against exclusively or together with other parties.

History.—s. 2, ch. 20452, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-254; s. 6, ch. 93-250.

Note.—Former s. 48.02.

49.031 Sworn statement as condition precedent.—

(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff’s agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.

(2) As used in this chapter:

(a) The word “plaintiff” means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means.

(b) The word “defendant” means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action.

(3) After the entry of a final judgment or decree in any action no sworn statement shall ever be held defective for failure to state a required fact if the fact otherwise appears from the record in the action.

History.—s. 3, ch. 20452, 1941; s. 2, ch. 28301, 1953; s. 5, ch. 67-254; s. 1, ch. 74-152; s. 286, ch. 95-147.

Note.—Former s. 48.03.

49.041 Sworn statement, natural person as defendant.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show:

(1) That diligent search and inquiry have been made to discover the name and residence of such person, and that the same is set forth in said sworn statement as particularly as is known to the affiant; and

(2) Whether such person is over or under the age of 18 years, if his or her age is known, or that the person’s age is unknown; and

(3) In addition to the above, that the residence of such person is, either:

(a) Unknown to the affiant; or

(b) In some state or country other than this state, stating said residence if known; or

(c) In the state, but that he or she has been absent from the state for more than 60 days next preceding the making of the sworn statement, or conceals himself or herself so that process cannot be personally served, and that affiant believes that there is no person in the state upon whom service of process would bind said absent or concealed defendant.

History.—s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.

Note.—Former s. 48.04.

49.051 Sworn statement, corporation as defendant.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a corporation, shall show:

(1) That diligent search and inquiry have been made to discover the true name, domicile, principal place of business, and status (that is, whether foreign, domestic, or dissolved) of the corporate defendant, and that the same is set forth in said sworn statement as particularly as is known to the affiant, and that diligent search and inquiry have also been made, to discover the names and whereabouts of all persons upon whom the service of process would bind the said corporation and that the same is specified as particularly as is known to the affiant; and

(2) Whether or not the corporation has ever qualified to do business in this state, unless shown to be a Florida corporation; and

(3) That all officers, directors, general managers, cashiers, resident agents, and business agents of the corporation, either:

(a) Are absent from the state; or

(b) Cannot be found within the state; or

(d) That their whereabouts are unknown to the affiant; or

(e) That said officers, directors, general managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant.

History.—s. 5, ch. 20452, 1941; s. 5, ch. 67-254; s. 288, ch. 95-147.

Note.—Former s. 48.05.

49.061 Sworn statement, parties doing business under a corporate name as defendants.—The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against parties who have or may have done business under a corporate name, shall show:

(1) The name under which said parties have operated or done business; and

(2) That, after diligent search and inquiry, the affiant has been unable to ascertain whether or not the organization operating under said name was a corporation, either domestic or foreign; and

(3) The names, and places of residence if known, of all persons known to have been interested in such organization, and whether or not other or unknown persons may have been interested in such organization; or that, after diligent search and inquiry, all persons interested in such organization are unknown to the affiant, and, unless all such persons are unknown to the affiant,

(4) That the known persons interested in such organization, either:

(a) Are absent from this state; or

(b) Cannot be found within this state; or

(d) That their whereabouts are unknown to the affiant.

History.—s. 6, ch. 20452, 1941; s. 5, ch. 67-254; s. 289, ch. 95-147.

Note.—Former s. 48.06.

49.071 Sworn statement, unknown parties as defendants.—

(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show:

(a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after diligent search and inquiry, are unknown to the affiant; and

(b) Whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants:

1. By, through, under or against a known person who is dead or not known to be dead or alive; or

2. By, through, under or against some corporation, domestic or foreign, that has been dissolved or which is not known to be existing or dissolved; or

3. By, through, under or against some organization which operated or did business under a name indicating a corporation; or

4. Otherwise as the case may be.

(2) In any case alleged against a named defendant, natural or corporate, who is stated, either in the pleadings or in the sworn statement, to be either dead or dissolved, or not known to be dead or alive, or dissolved or existing, any judgment, decree or order rendered against such defendant shall be as good, valid and effectual as if it had not been so stated.

History.—s. 7, ch. 20452, 1941; s. 5, ch. 67-254.

Note.—Former s. 48.07.

49.08 Notice of action, form.—On filing the sworn statement, and otherwise complying with the foregoing requirements, the plaintiff is entitled to have issued by the clerk or judge, not later than 60 days after filing the sworn statement, a notice of action which notice shall set forth:

(1) The names of the known natural defendants; the names, status and description of the corporate defendants; a description of the unknown defendants who claim by, through, under or against a known party which may be described as “all parties claiming interests by, through, under or against (name of known party)” and a description of all unknown defendants which may be described as “all parties having or claiming to have any right, title or interest in the property herein described”;

(2) The nature of the action or proceeding in short and simple terms (but neglect to do so is not jurisdictional);

(3) The name of the court in which the action or proceeding was instituted and an abbreviated title of the case;

(4) The description of real property, if any, proceeded against.

History.—s. 8, ch. 20452, 1941; s. 3, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.

Note.—Former s. 48.08.

49.09 Notice of action, return day.—The notice of action, except in foreclosure proceedings as defined in s. 702.09, shall require the defendant to file written defenses with the clerk of the court and to serve a copy not later than the date fixed in said notice, which date shall be not less than 28 nor more than 60 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice. In foreclosure proceedings, the notice of action shall require the defendant to file written defenses with the clerk of the court and to serve a copy within 30 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice.

History.—s. 9, ch. 20452, 1941; s. 4, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254; s. 7, ch. 93-250; s. 290, ch. 95-147.

Note.—Former s. 48.09.

49.10 Notice of action, publication, proof.—

(1)(a) All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(b) In proceedings described in s. 49.011(4), (10), and (11), the clerk of the court shall post notices of action in the manner prescribed by s. 49.11 when such notices are required of persons authorized to proceed as indigent under s. 57.081.

(c) Notices of action in foreclosure proceedings as defined in s. 702.09 shall be published once during each week for 2 consecutive weeks (two publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(2) Proof of publication shall be made by affidavit of the owner, publisher, proprietor, editor, business manager, foreman or other officer or employee of the newspaper having knowledge of such publication. The affidavit shall set forth or have attached a copy of the notice, shall set forth the dates of each publication and otherwise comply with the requirements of law.

History.—s. 10, ch. 20452, 1941; s. 5, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254; s. 2, ch. 74-152; s. 1, ch. 75-205; s. 8, ch. 93-250; s. 67, ch. 2003-402.

Note.—Former s. 48.10.

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.

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.

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 on Google Scholar

F.S. 49 on Casetext

Amendments to 49

Arrestable Offenses / Crimes under Fla. Stat. 49

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

S429.49 1 - HEALTH-SAFETY - ALTER DEFACE FALSIFY RECORD ASSIST LIVING FAC - M: S

S601.49 - FOOD-HEALTH OR SAFETY - DELIVER PROCESSED CITRUS PRODUCT WO INSPECTION - M: F

S648.49 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6996 - F: T

S648.49 3 - FRAUD - ACT AS BAIL BOND AGENT W SUSP REVKD LICENSE - F: T

S817.49 - MAKING FALSE REPORT - RENUMBERED. SEE REC # 9459 - M: F

S817.49 1 - MAKING FALSE REPORT - MAKE FALSE REPORT OF COMMISSION OF CRIME - M: F

S817.49 2b1 - MAKING FALSE REPORT - FALSE REPORT CRIME CAUSE GREAT BODILY HARM - F: T

S817.49 2b2 - MAKING FALSE REPORT - FALSE REPORT CRIME RESULTING IN DEATH - F: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

CALVARY CHAPEL DAYTON VALLEY v. SISOLAK,, 140 S. Ct. 2603 (U.S. 2020)

. . . Massachusetts , 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643 (1905), Nevada argues that "when a state exercises . . . Rev. 1, 49-50 (explaining how this Court's precedents grant "something analogous to most-favored nation . . . Massachusetts , 197 U.S. 11, 25-28, 25 S.Ct. 358, 49 L.Ed. 643 (1905). . . .

J. TRUMP, v. MAZARS USA, LLP, J. v. AG,, 140 S. Ct. 2019 (U.S. 2020)

. . . Taylor, Grand Inquest: The Story of Congressional Investigations 49 (1955). . . . 524-526, 134 S.Ct. 2550, 189 L.Ed.2d 538 (2014) (quoting The Pocket Veto Case , 279 U.S. 655, 689, 49 . . .

J. TRUMP, v. R. VANCE, Jr., 140 S. Ct. 2412 (U.S. 2020)

. . . United States , 278 U.S. 96, 100-101, 49 S.Ct. 38, 73 L.Ed. 200 (1928) (recognizing that the United States . . .

MCGIRT, v. OKLAHOMA, 140 S. Ct. 2452 (U.S. 2020)

. . . 1936, Congress authorized the Creek to adopt a constitution and bylaws, see Act of June 26, 1936, § 3, 49 . . . Act of June 26, 1936, § 3, 49 Stat. 1967; see also Hodel , 851 F.2d at 1442-1446. . . .

OUR LADY OF GUADALUPE SCHOOL, v. MORRISSEY- BERRU St. v., 140 S. Ct. 2049 (U.S. 2020)

. . . Milivojevich , 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976), also concerned the control of property . . . Milivojevich , 426 U.S. 696, 715, n. 8, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976) (" 'It is not to be supposed . . .

LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME, v. PENNSYLVANIA, J. v., 140 S. Ct. 2367 (U.S. 2020)

. . . T. 2015, Nos. 14-1418, 14-1453, 14-1505, p. 49. Brief for Petitioners in Zubik , O. . . .

B. CHIAFALO, v. WASHINGTON, 140 S. Ct. 2316 (U.S. 2020)

. . . The Pocket Veto Case , 279 U.S. 655, 689, 49 S.Ct. 463, 73 L.Ed. 894 (1929). . . .

P. BARR, v. AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC., 140 S. Ct. 2335 (U.S. 2020)

. . . Corporation Comm'n of Okla ., 278 U.S. 515, 526-527, 49 S.Ct. 235, 73 L.Ed. 483 (1929). . . . license was invalid and severable from the 1915 law that required that showing. 278 U.S., at 525-528, 49 . . . void" when enacted, and for that reason has no effect on the original statute. 278 U.S., at 526-527, 49 . . .

ESPINOZA, v. MONTANA DEPARTMENT OF REVENUE,, 140 S. Ct. 2246 (U.S. 2020)

. . . Newdow , 542 U.S. 1, 49-50, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004) (THOMAS, J., concurring in judgment . . .

UNITED STATES PATENT AND TRADEMARK OFFICE, v. BOOKING. COM B. V., 140 S. Ct. 2298 (U.S. 2020)

. . . 5th ed. 2019) (discussing terms that are "a generic name to some, a trademark to others"); id. , § 12:49 . . .

JUNE MEDICAL SERVICES L. L. C. v. RUSSO, v. LLC., 140 S. Ct. 2103 (U.S. 2020)

. . . Danforth , 428 U.S. 52, 62, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976) (concluding, without any analysis of . . . Wulff , 428 U.S. 106, 112, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976). . . . Danforth , 428 U.S. 52, 62, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976) ; Doe v. . . . abortion providers in Louisiana are unlikely to have any recent in-hospital experience. 250 F.Supp.3d at 49 . . . insurmountable hurdle, for an applicant getting the required covering physician." 250 F.Supp.3d at 49 . . . getting the required covering physician," including Doe 3's similar experience. 250 F.Supp.3d at 51, 49 . . . Wulff , 428 U.S. 106, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976). . . . Wulff , 428 U.S. 106, 117, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976), found that women seeking abortions were . . . Each year, a physician with courtesy staff privileges at WKBC may have as many as 49 "patient contacts . . .

SEILA LAW LLC, v. CONSUMER FINANCIAL PROTECTION BUREAU, 140 S. Ct. 2183 (U.S. 2020)

. . . Act of July 27, 1789, ch. 4, 1 Stat. 28; Act of Aug. 7, 1789, ch. 7, 1 Stat. 49. . . .

DEPARTMENT OF HOMELAND SECURITY, v. THURAISSIGIAM, 140 S. Ct. 1959 (U.S. 2020)

. . . United States , 195 U.S. 65, 69, 24 S.Ct. 826, 49 L.Ed. 99 (1904) -made this clear. . . . Rev. 575, 594, 598, and n. 49 (2008). . . .

BOSTOCK, v. CLAYTON COUNTY, GEORGIA v. Jr. Co- R. G. G. R. v., 140 S. Ct. 1731 (U.S. 2020)

. . . Vinson , 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). . . . (ed. 2) 49 There be sexes of hearbes .. namely, the Male or Female. 1720 P. BLAIR Bot. . . . U.S.C. § 306(b) (Duties of the Secretary of Transportation; Prohibited Discrimination) • 49 U.S.C. § . . . American Psychological Association, 49 Monitor on Psychology, at 32. . . . American Psychological Association, 49 Monitor on Psychology, at 32. See Drescher, supra , at 112. . . . Vinson , 477 U.S. 57, 64, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) (internal quotation marks omitted). . . .

UNITED STATES FOREST SERVICE, v. COWPASTURE RIVER PRESERVATION ASSOCIATION LLC, v., 140 S. Ct. 1837 (U.S. 2020)

. . . See 49 Stat. 2041; ch. 277, 54 Stat. 249-250; NPS, Blue Ridge Parkway: Virginia and North Carolina Final . . .

ANDRUS v. TEXAS, 140 S. Ct. 1875 (U.S. 2020)

. . . Andrus' mother testified that Andrus had an "excellent" relationship with his siblings and grandparents. 49 . . . mother related to the jury, "[k]ind of " "just decided he didn't want to do what [she] told him to do." 49 . . . hearing-after learning that she had been recorded-that she indeed relayed this information, 8 id. , at 48-49 . . .

GE ENERGY POWER CONVERSION FRANCE SAS, CORP. SAS, v. OUTOKUMPU STAINLESS USA, LLC,, 140 S. Ct. 1637 (U.S. 2020)

. . . 1758 ) (citing cases), and even the parties find common ground on the point, see Tr. of Oral Arg. 7, 49 . . .

FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, v. AURELIUS INVESTMENT, LLC, LLC, III v. LLC, v. LLC, n De De La El Y v., 140 S. Ct. 1649 (U.S. 2020)

. . . (UTIER) 49. But the same might be said of any major municipal, or even corporate, bankruptcy. . . . Flores de Otero , 426 U.S. 572, 597, 96 S.Ct. 2264, 49 L.Ed.2d 65 (1976). . . . 693-694 (Philippines); Act of Aug. 24, 1912, § 4, 37 Stat. 513 (Alaska); Act of June 22, 1936, § 5, 49 . . .

SOUTH BAY UNITED PENTECOSTAL CHURCH, v. NEWSOM,, 140 S. Ct. 1613 (U.S. 2020)

. . . Massachusetts , 197 U.S. 11, 38, 25 S.Ct. 358, 49 L.Ed. 643 (1905). . . .

MAINE COMMUNITY HEALTH OPTIONS, v. UNITED STATES v. v. v., 140 S. Ct. 1308 (U.S. 2020)

. . . . § 395 ; 49 U.S.C. § 5312 ; 50 U.S.C. §§ 4236, 4237 ; 52 U.S.C. § 21061. . . .

NEW YORK STATE RIFLE PISTOL ASSOCIATION, INC. v. CITY OF NEW YORK, NEW YORK,, 140 S. Ct. 1525 (U.S. 2020)

. . . App. 32, 49-50, 55. . . .

COUNTY OF MAUI, HAWAII, v. HAWAII WILDLIFE FUND,, 140 S. Ct. 1462 (U.S. 2020)

. . . For all we know, these factors may not be the most important in 49 percent of cases. . . .

ROMAG FASTENERS, INC. v. FOSSIL, INC., 140 S. Ct. 1492 (U.S. 2020)

. . . Tonsmierre , 49 F. 447, 453 (C.C.S.D. Ala. 1883) ; see also Stonebraker v. . . .

ATLANTIC RICHFIELD COMPANY, v. A. CHRISTIAN,, 140 S. Ct. 1335 (U.S. 2020)

. . . Maryland , 427 U.S. 463, 469, n. 4, 96 S.Ct. 2737, 49 L.Ed.2d 627 (1976) (declining to address question . . . Discover Bank , 556 U.S. 49, 60, 129 S.Ct. 1262, 173 L.Ed.2d 206 (2009). . . .

RAMOS, v. LOUISIANA, 140 S. Ct. 1390 (U.S. 2020)

. . . Massachusetts , 427 U.S. 618, 625, 96 S.Ct. 2781, 49 L.Ed.2d 732 (1976) (quoting Apodaca plurality); . . . Massachusetts , 427 U.S. 618, 625, 96 S.Ct. 2781, 49 L.Ed.2d 732 (1976) ("holding" in Apodaca was that . . . Georgia , 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (joint opinion of Stewart, Powell, and Stevens . . .

CITGO ASPHALT REFINING COMPANY, v. FRESCATI SHIPPING COMPANY, LTD., 140 S. Ct. 1081 (U.S. 2020)

. . . Von Lingen , 113 U.S. 40, 49-50, 5 S.Ct. 346, 28 L.Ed. 885 (1885) (a stipulation going to "substantive . . .

COMCAST CORPORATION, v. NATIONAL ASSOCIATION OF AFRICAN AMERICAN- OWNED MEDIA,, 140 S. Ct. 1009 (U.S. 2020)

. . . McCrary , 427 U.S. 160, 170-171, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976). . . .

K. KAHLER, v. KANSAS, 140 S. Ct. 1021 (U.S. 2020)

. . . Marler , 2 Ala. 43, 49 (1841) ("If the prisoner was insane, he was not an accountable being"); Cornwell . . . Pike , 49 N.H. 399, 442 (1870) (applying the "product" test, which excuses a defendant whose crime "was . . . Pike , 49 N.H. 399, 441-442 (1870) ; see also Reid, Understanding the New Hampshire Doctrine of Criminal . . .

DAVIS v. UNITED STATES, 140 S. Ct. 1060 (U.S. 2020)

. . . Romeo , 385 Fed.Appx. 45, 49-50 (CA2 2010) ; United States v. . . .

GUERRERO- LASPRILLA, v. P. BARR, v. P., 140 S. Ct. 1062 (U.S. 2020)

. . . Brief for Respondent 49-50. . . .

L. ALLEN, v. A. COOPER, III,, 140 S. Ct. 994 (U.S. 2020)

. . . Bitzer , 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976). . . .

KANSAS, v. GARCIA v. v., 140 S. Ct. 791 (U.S. 2020)

. . . Brief for Respondents 49-55. . . .

HOLGUIN- HERNANDEZ, v. UNITED STATES, 140 S. Ct. 762 (U.S. 2020)

. . . United States , 552 U.S. 38, 49-50, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (noting the District Court's . . .

MCKINNEY, v. ARIZONA, 140 S. Ct. 702 (U.S. 2020)

. . . Georgia , 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976). . . .

L. BALDWIN, Et Ux. v. UNITED STATES, 140 S. Ct. 690 (U.S. 2020)

. . . Black , 128 U.S. 40, 48-49, 9 S.Ct. 12, 32 L.Ed. 354 (1888). . . .

ROMAN CATHOLIC ARCHDIOCESE OF SAN JUAN, PUERTO RICO v. ACEVEDO FELICIANO,, 140 S. Ct. 696 (U.S. 2020)

. . . Jenkins , 495 U.S. 33, 49, 110 S.Ct. 1651, 109 L.Ed.2d 31 (1990). . . . Jenkins , 495 U.S. at 49, 110 S.Ct. 1651. . . .

WOLF, v. COOK COUNTY, ILLINOIS,, 140 S. Ct. 681 (U.S. 2020)

. . . Its public-charge rule is set to go into effect in 49 of 50 States next week. . . . it has done for the past 20 years-while an updated version of the rule takes effect in the remaining 49 . . .

C. ROTKISKE, v. KLEMM,, 140 S. Ct. 355 (U.S. 2019)

. . . United States , 535 U.S. 43, 49-50, 122 S.Ct. 1036, 152 L.Ed.2d 79 (2002). . . .

SIMONS, v. BOSTON SCIENTIFIC,, 140 S. Ct. 219 (U.S. 2019)

. . . No. 19-49 Supreme Court of the United States. . . .

WATTS, v. WATTS,, 935 F.3d 1138 (10th Cir. 2019)

. . . Br. at 49. . . . Br. at 48-49. This is not true. . . .

ELHADY, v. H. KABLE,, 391 F. Supp. 3d 562 (E.D. Va. 2019)

. . . . ¶ 49. When Elhady attempted border-crossings, CBP officers told him, "Are you serious? . . . MSJ Ex. 18 at 74-84, 148-49, 158-66. . . .

ALLERGAN SALES, LLC, v. SANDOZ, INC., 935 F.3d 1370 (Fed. Cir. 2019)

. . . Id . col. 2 ll. 46-49. . . . the intended results of administering Combigan[®] twice daily," Appellant's Br. 36; see id . at 36-49 . . .

UNITED STATES v. TAYLOR, v., 935 F.3d 1279 (11th Cir. 2019)

. . . Krull , 480 U.S. 340, 348-49, 107 S.Ct. 1160, 94 L.Ed.2d 364 (1987) ). . . .

REPRODUCTIVE HEALTH SERVICES OF PLANNED PARENTHOOD OF ST. LOUIS REGION, INC. P. D. O. M. S. C. I. F. A. C. O. G, v. L. PARSON,, 389 F. Supp. 3d 631 (W.D. Mo. 2019)

. . . Wulff, 428 U.S. 106, 118 [96 S.Ct. 2868, 49 L.Ed.2d 826] (1976) (plurality); see also Diamond v. . . .

L. SMITH, v. SHARP,, 935 F.3d 1064 (10th Cir. 2019)

. . . Mullin, 380 F.3d 1242, 1248-49 (10th Cir. 2004) (quotation omitted). . . .

UNITED STATES v. FITZGERALD,, 935 F.3d 814 (9th Cir. 2019)

. . . (citing Matter of Philip A. , 49 N.Y.2d 198, 424 N.Y.S.2d 418, 400 N.E.2d 358 (Ct. App. 1980) ). . . .

BIRD, v. i DEPARTMENT OF HUMAN SERVICES DHS, R., 935 F.3d 738 (9th Cir. 2019)

. . . Express Agency, Inc. , 321 U.S. 342, 348-49, 64 S.Ct. 582, 88 L.Ed. 788 (1944) ). . . .

IN RE BOWLES,, 935 F.3d 1210 (11th Cir. 2019)

. . . See Holland, 560 U.S. at 645-49, 130 S.Ct. 2549. . . .

RAY, v. COUNTY OF LOS ANGELES, v. As, 935 F.3d 703 (9th Cir. 2019)

. . . Id. at 48, 115 S.Ct. 394 ; see also id. at 48-49, 115 S.Ct. 394 (citing cases for the "prevailing view . . .

SELECT SPECIALTY HOSPITAL- DENVER, INC. v. M. AZAR II, U. S., 391 F. Supp. 3d 53 (D.D.C. 2019)

. . . Mem. at 11 (citing S1-AR at 548-49; S2-AR at 1297; H-AR at 541-43). . . . Pennsylvania hospitals were subsequently allowed to enroll in the state Medicaid program in 2012, S2-AR at 338-49 . . . Supp. 3d 321, 348-49 (D.D.C. 2018) (noting that the same manual provision would not be considered because . . .

ARTHREX, INC. v. SMITH NEPHEW, INC., 935 F.3d 1319 (Fed. Cir. 2019)

. . . ordinary skill would not have applied West to Gordon as Smith & Nephew argued, see, e.g. , J.A. 3747-49 . . .

ALMANZA, v. UNITED STATES,, 935 F.3d 1332 (Fed. Cir. 2019)

. . . Appellant Br. 49. . . .

CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO. OWT ET Co., 935 F.3d 1341 (Fed. Cir. 2019)

. . . See id. at col. 1, l. 49 - col. 2, l. 16, col. 3, ll. 16-26. . . . See J.A. 148-49. . . .

UNITED STATES v. R. GREEN,, 935 F.3d 677 (9th Cir. 2019)

. . . United States, 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and United States v. . . . Kimbrough, 552 U.S. at 108, 128 S.Ct. 558 (quoting Gall, 552 U.S. at 49, 128 S.Ct. 586); see also Rita . . . begin all sentencing proceedings by correctly calculating the applicable Guidelines range." 552 U.S. at 49 . . . Thompson, 49 F. App'x 749, 750 (9th Cir. 2002). . . .

SEMPLE, a a k a a v. GRISWOLD, Be USA A., 934 F.3d 1134 (10th Cir. 2019)

. . . of 102 counties and, at the time of Moore, "93.4% of the State's registered voters reside[d] in the 49 . . . The Court in Moore noted that "[u]nder this Illinois law the electorate in 49 of the counties which contain . . .

UNITED STATES v. A. HOPPER,, 934 F.3d 740 (7th Cir. 2019)

. . . Appellee's Br. 49. . . .

RAWA, A. W. Jr. v. MONSANTO COMPANY, v., 934 F.3d 862 (8th Cir. 2019)

. . . action in the Eastern District of Missouri on behalf of a putative class of consumers from the other 49 . . . Missouri, Monsanto's principal location, on behalf of a putative class of consumers from the other 49 . . . California to transfer the action to the Eastern District of Missouri, seeking consolidation with the 49 . . . Apr. 3, 2018), ECF No. 49. The district court conducted its fairness analysis using these figures. . . .

SCRIMO, v. LEE,, 935 F.3d 103 (2nd Cir. 2019)

. . . Agurs, 427 U.S. 97, 113, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) ). Here, the State's case was thin. . . .

SECRETARY UNITED STATES DEPARTMENT OF LABOR v. BRISTOL EXCAVATING, INC., 935 F.3d 122 (3rd Cir. 2019)

. . . Work Out World Inc. , 862 F.3d 346, 348-49 (3d Cir. 2017). . . .

STONE, v. TROY CONSTRUCTION, LLC, 935 F.3d 141 (3rd Cir. 2019)

. . . Tower Life Bldg. , 426 F.2d 1135, 1148-49 (5th Cir. 1970) (where "the original document demonstrated . . .

COLE v. CARSON, v., 935 F.3d 444 (5th Cir. 2019)

. . . REV. 45, 49-61 (2018), with Aaron L. Nielson & Christopher J. . . . Around 10:49 a.m., Officer Stephen Norris radioed "all available Sachse officers" to respond to the area . . . P. 49 ; Fifth Circuit Civil Pattern Jury Instructions 10.3. See also McCoy v. . . .

BACA v. COLORADO DEPARTMENT OF STATE, G. T. L. M., 935 F.3d 887 (10th Cir. 2019)

. . . and in no other language" was unconstitutional, and an order enjoining its enforcement. 520 U.S. at 49 . . . Id. at 448-49, 111 S.Ct. 865 (third alteration in original) (quoting Golden State Transit Corp. v. . . .

PARKER, v. LANDRY,, 935 F.3d 9 (1st Cir. 2019)

. . . Molina-Rodríguez, 711 F.3d 49, 53 (1st Cir. 2013). . . . See 550 U.S. at 548-49, 127 S.Ct. 1955. . . .

BURKE, v. REGALADO, v., 935 F.3d 960 (10th Cir. 2019)

. . . Br. at 49. But they do not contest on appeal that the conviction was for a crime of dishonesty. i. . . . Br. at 49. . . . Dye , 142 Ohio St.3d 1249, 31 N.E.3d 647, 648-49 (Ohio 2014) ("Dye has not claimed that the two matters . . .

UNITED STATES v. SHAYOTA, v., 934 F.3d 1049 (9th Cir. 2019)

. . . See, e.g. , Crawford , 541 U.S. at 42-49, 124 S.Ct. 1354 ; Daniel H. . . . Id. at 49, 124 S.Ct. 1354 ; see also Mattox v. . . .

UNITED STATES v. CUEVAS- LOPEZ,, 934 F.3d 1056 (9th Cir. 2019)

. . . United States , 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). . . . United States , 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) ). . . .

REGAN v. CITY OF HAMMOND, INDIANA,, 934 F.3d 700 (7th Cir. 2019)

. . . Hampton , 477 F.3d 38, 49 (2d Cir. 2007) ); see Gen. Motors Corp. v. . . .

CONILLE v. COUNCIL AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, 935 F.3d 1 (1st Cir. 2019)

. . . Santiago-Colón, 917 F.3d 43, 49 (1st Cir. 2019) (citing Espinal-Domínguez v. . . .

UNITED STATES v. CANO,, 934 F.3d 1002 (9th Cir. 2019)

. . . were officers of HSI and thus had authority to conduct border searches, Soto-Soto , 598 F.2d at 548-49 . . . Powell , 428 U.S. 465, 486, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976) ). . . .

ANZA TECHNOLOGY, INC. v. MUSHKIN, INC., 934 F.3d 1359 (Fed. Cir. 2019)

. . . Id. at col. 2, ll. 47-49. . . .

SENNE v. KANSAS CITY ROYALS BASEBALL CORP. LLC LLC LP St. LLC LLC LLC LLC L. P. L. P. LLC LLC L. P. AZPB L. P. P LLC LLC LP LLP LLC LLC,, 934 F.3d 918 (9th Cir. 2019)

. . . Ct. 1036, 1045, 194 L.Ed.2d 124 (2016) (quoting 2 Newberg on Class Actions § 4:49 (5th ed. 2012) ). . . . Id. at 1048-49. . . . Ct. at 1045 (quoting 2 Newberg on Class Actions § 4:49 (5th ed. 2012) ). . . . Ct. at 1046-49. . . . Ct. at 1048-49 ; cf. . . .

AMAZON. COM, INC. v. COMMISSIONER OF INTERNAL REVENUE,, 934 F.3d 976 (9th Cir. 2019)

. . . Commissioner , 133 T.C. 297 (2009), nonacq. , 2010-49 I.R.B (2010), action on dec. , 2010-05 (Nov. 12 . . .

MARTINEZ, v. WALGREEN COMPANY,, 935 F.3d 396 (5th Cir. 2019)

. . . Hyatt Corp. , 898 F.2d 47, 49 (5th Cir. 1990) ). Van Horn v. . . .

HARVILLE, v. CITY OF HOUSTON, MISSISSIPPI,, 935 F.3d 404 (5th Cir. 2019)

. . . Reeves , 530 U.S. at 148-49, 120 S.Ct. 2097. Cabral v. . . .

UNITED STATES v. BROWN,, 935 F.3d 43 (2nd Cir. 2019)

. . . Regalado , 518 F.3d 143, 147-49 (2d Cir. 2008) (uncertainty whether sentencing judge "understood" discretion . . .

A. CARVELLI, v. OCWEN FINANCIAL CORPORATION, M. R. Jr., 934 F.3d 1307 (11th Cir. 2019)

. . . Ocwen signed a consent order with 49 state attorneys general in 2013 that "required Ocwen to provide . . .

NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC., 934 F.3d 1344 (Fed. Cir. 2019)

. . . claim 30, requires that the drugs be "administered in a single oral dosage form," id. col. 40 ll. 45-49 . . . Appellee's Br. 49. . . .

UNITED STATES v. VALQUIER, 934 F.3d 780 (8th Cir. 2019)

. . . Alvarado-Rivera, 412 F.3d 942, 948-49 (8th Cir. 2005) (en banc). . . .

JIE FANG Li v. DIRECTOR UNITED STATES IMMIGRATION CUSTOMS ENFORCEMENT, 935 F.3d 172 (3rd Cir. 2019)

. . . App. 49. 8 U.S.C. § 1101(a)(15)(F). See 8 C.F.R. § 214.3. Id. § 214.4(b). Id. § 214.2(f). . . . App. 49 (emphasis added). . . .

MENAKER, v. HOFSTRA UNIVERSITY,, 935 F.3d 20 (2nd Cir. 2019)

. . . Wagner Coll. , 49 N.Y.2d 652, 660, 427 N.Y.S.2d 760, 404 N.E.2d 1302 (1980) ("[W]e hold that when a university . . . Bd. of Higher Ed. , 49 N.Y.2d 408, 414, 426 N.Y.S.2d 248, 402 N.E.2d 1150 (1980) ("[A]n academic institution . . .

HAWKINS v. I- TV DIGITALIS TAVKOZLESI ZRT. f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V. v. i- TV f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V., 935 F.3d 211 (4th Cir. 2019)

. . . He solicited an additional $1 million from Hawkins and, in return, promised Hawkins a 49% stake in Mediaware . . .

UNITED STATES v. NORMAN,, 935 F.3d 232 (4th Cir. 2019)

. . . App'x 147, 148-49 (4th Cir. 2018). We agree with Norman that McCollum controls this case. . . .

ZEHENTBAUER FAMILY LAND, LP LP v. CHESAPEAKE EXPLORATION, L. L. C. L. L. C. E P USA,, 935 F.3d 496 (6th Cir. 2019)

. . . class and "possess the same interest and suffer the same injury" as the class members.' " Id. at 348-49 . . .

UNITED STATES v. CLARK,, 935 F.3d 558 (7th Cir. 2019)

. . . Jaimes-Jaimes , 406 F.3d 845, 848-49 (7th Cir. 2005). . . .

UNITED STATES v. SCANZANI,, 392 F. Supp. 3d 210 (D. Mass. 2019)

. . . Tanguay , 787 F.3d 44, 49 (1st Cir. 2015) (internal quotation omitted). . . .

PIZZUTO, Jr. v. BLADES,, 933 F.3d 1166 (9th Cir. 2019)

. . . Id. at 1048-49 (citations omitted) (quoting Hall , 572 U.S. at 721, 134 S.Ct. 1986 ). . . . DSM-IV at 49 (emphasis added). . . . 2515A(1)(b) ; Pizzuto I , 202 P.3d at 651, rather than "an IQ of approximately 70 or below," DSM-IV at 49 . . .

MAMMANA, v. FEDERAL BUREAU OF PRISONS, 934 F.3d 368 (3rd Cir. 2019)

. . . Delo , 49 F.3d 442, 443-47 (8th Cir. 1995) ). . . .

YOUKHANNA v. CITY OF STERLING HEIGHTS C., 934 F.3d 508 (6th Cir. 2019)

. . . Video at 1:37:49-41:02 (Mayor Taylor: "We have 181 seats, I believe, in this Council Chamber; every seat . . . R. 69-20 (Rrasi Dep. at 47-49) (Page ID #2963-65); R. 69-14 (Taylor Dep. at 101-02) (Page ID #2634-35 . . .

UNITED STATES v. POPE,, 934 F.3d 770 (8th Cir. 2019)

. . . Ohio , 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), which held that once police provide a defendant . . .

ESTATE OF ROMAIN, v. CITY OF GROSSE POINTE FARMS A. J., 935 F.3d 485 (6th Cir. 2019)

. . . Id. at 347-49. . . .

KOH, v. USTICH,, 933 F.3d 836 (7th Cir. 2019)

. . . Id. at 448-49 (quoting White v. Gerardot , 509 F.3d 829, 835 (7th Cir. 2007) ). . . .

EFFEX CAPITAL, LLC, v. NATIONAL FUTURES ASSOCIATION,, 933 F.3d 882 (7th Cir. 2019)

. . . No. 74-675, 49 Stat. 1491, 1491 (1936). . . . NYSE , 99 F.3d 49, 59 (2d Cir. 1996) ("Furthermore, allowing suits against the Exchange arising out of . . .

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. L. B. L. LLC G. v. PENNSYLVANIA TURNPIKE COMMISSION S. PTC K. PTC T. PTC T. Sr. PTC N. PTC P. PTC R. PTC s, 934 F.3d 283 (3rd Cir. 2019)

. . . construct, among other things, "transit capital projects eligible for assistance under chapter 53 of title 49 . . . construction, renovation, and improvement of intercity bus and intercity rail stations and terminals." 49 . . .

MCMICHAEL, v. TRANSOCEAN OFFSHORE DEEPWATER DRILLING, INCORPORATED RIGP DCL, L. L. C. USA,, 934 F.3d 447 (5th Cir. 2019)

. . . Eckert was 49 years old and received a rating of 4 "Superior" on his most recent performance appraisal . . . While he was younger than McMichael at 49 years old, he scored well above McMichael's 71% (or 59%) with . . .

IN RE ASCOT FUND LIMITED, a, 603 B.R. 271 (Bankr. S.D.N.Y. 2019)

. . . (Id. at ¶¶ 49-53.) No other shareholders of Ascot Fund are parties to the New York Litigation. . . .

NATIONAL ASSOCIATION FOR GUN RIGHTS, INC. v. MANGAN, G. J., 933 F.3d 1102 (9th Cir. 2019)

. . . Ass'n , 111 Wash.App. 586, 49 P.3d 894, 903 (2002) ). . . .

IRIDESCENT NETWORKS, INC. v. AT T MOBILITY, LLC,, 933 F.3d 1345 (Fed. Cir. 2019)

. . . Cir. 2007) ; In re Cruciferous Sprout Litig. , 301 F.3d 1343, 1348-49 (Fed. Cir. 2002) ; Am. . . .

HARDEMAN, v. CURRAN,, 933 F.3d 816 (7th Cir. 2019)

. . . Palmer , 906 F.3d 540, 548-49 (7th Cir. 2018). This case is no exception. . . . Reed , 906 F.3d at 548-49 (explaining the difference in the qualified-immunity analysis at the pleadings . . .

ADAM AND EVE JONESBORO, LLC, v. PERRIN, In, 933 F.3d 951 (8th Cir. 2019)

. . . American Mini Theatres , 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976)." Id. § 301(b). . . .

UNITED STATES v. IN U. S. CURRENCY, 933 F.3d 971 (8th Cir. 2019)

. . . Currency , 917 F.3d 1047, 1048-49 (8th Cir. 2019). . . .