Florida/Georgia Personal Injury & Workers Compensation

...In the instant case, Bolender served Thompson with a witness subpoena at the facility where Thompson was incarcerated. Thompson’s attorney moved to quash the service on the grounds that Thompson had been adjudicated incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should have been served....

...In the instant case, Bolender served Thompson with a witness subpoena at the facility where Thompson was incarcerated. Thompson's attorney moved to quash the service on the grounds that Thompson had been adjudicated incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should have been served....

...The circuit court found section 48.193(1)(b) to be constitutional and denied the motion to quash as to Willie's father. However, the motion was granted as to Willie because the court found that service upon him was defective in that it failed to comply with the requirements for service upon a minor as prescribed by section 48.041....

...or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § sections 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.194 (personal service outside the state), Florida Statutes....

...fendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.194 (personal service outside the state)....

...Looking to the other provisions of rule 5.040(a)(3), we note that rule 5.040(a)(3)(C) provides that formal notice shall be served "as otherwise provided by Florida law for service of process." Since none of the provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service on a minor should be accomplished. Section 48.041(1)(a) provides that service on a minor who has never been married shall be accomplished "[b]y serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031." § 48.041(1)(a), Fla....

...and caregiver which is intended to be permanent and self-sustaining and is provided pursuant to the procedures in chapter 744." We do not consider it necessary to formulate a definition of the term "legal guardian" that applies to all cases in which section 48.041(1)(a) applies....

...As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian. §§ 48.041(2) and 48.031, Fla. Stat. (1983). However, appellant fails to read section 48.041(2) in pari materia with section 48.041(1). Section 48.041(1) states that service on incompetents is accomplished by reading the process to the minor and to the person in whose custody the minor is and by further serving said process on the guardian ad litem or other person if one is appointed by the court to represent the minor....

...We deny the petition. Petitioner was initially charged in juvenile delinquency petitions with two separate burglaries and grand theft. Notice of the arraignment was served on petitioner’s mother, his listed guardian, at her place of employment. See § 48.041(l)(a), Fla....

injury. 1C Larson, Worker’s Compensation Law, § 48.41. The element of separateness of employer and service

v. McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977). Therefore, the

shall be served as provided in this section. Section 48.041(1) and (2) F. S., provides: (1) By reading

...As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian. §§ 48.041(2) and 48.031, Fla. Stat. (1983). However, appellant fails to read section 48.041(2) in pari materia with section 48.041(1). Section 48.041(1) states that service on incompetents is accomplished by reading the process to the minor and to the person in whose custody the minor is and by further serving said process on the guardian ad litem or other person if one is appointed by the court to represent the minor....

...Goodwill, 74 So.2d 86 (Fla.1954); Buck v. McNab, 139 So.2d 734 (Fla. 2d DCA), cert. denied, 146 So.2d 374 (Fla.1962); Foster v. Thomas, 112 So.2d 33 (Fla. 1st DCA 1959), by reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041(1), Florida Statutes (1969), 1 see Jones v....

...Jorg, 384 So.2d 1362 (Fla. 2d DCA 1980). Cf. Nostrand v. Olivieri, 427 So.2d 374 (Fla. 2d DCA 1983). See also McQueen v. Stratton, 389 So.2d 1190 (Fla. 2d DCA 1980); Carlyon v. Weeks, 387 So.2d 465 (Fla. 1st DCA 1980). Reversed and remanded for further proceedings. . Section 48.041(1), Florida Statutes (1969), provides, in pertinent part, that process upon a minor who has never been married must be served: ‘‘[b]y reading the process to the minor or incompetent to be served and to the person in whose care or c...

involves service of process on a minor pursuant to Section 48.041(1). The pertinent language of that statute