Florida Statute 48.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.041

48.041 Service on minor.—

(1) Process against a minor who has never been married shall be served:

(a) By 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.

(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.

(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.

History.—ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.

Note.—Former ss. 47.23-47.25.

F.S. 48.041 on Google Scholar

F.S. 48.041 on CourtListener

Amendments to 48.041

Annotations, Discussions, Cases:

Cases Citing Statute 48.041

Total Results: 14

Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of Corrections

16 F.3d 1547, 1994 U.S. App. LEXIS 4479, 1994 WL 73855

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 1994 | Docket: 540920

Cited 211 times | Published

incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should

Bolender v. State

422 So. 2d 833

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 2463797

Cited 29 times | Published

incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should

Godfrey v. Neumann

373 So. 2d 920

Supreme Court of Florida | Filed: Jul 27, 1979 | Docket: 1772441

Cited 23 times | Published

requirements for service upon a minor as prescribed by section 48.041. In International Shoe Co. v. Washington and

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

sections 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents)

In Re Amendments to Rules of Civ. Proc.

536 So. 2d 974

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 1759905

Cited 9 times | Published

Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents)

Cason Ex Rel. Saferight v. Hammock

908 So. 2d 512, 2005 WL 1488650

District Court of Appeal of Florida | Filed: Jun 24, 2005 | Docket: 1398191

Cited 7 times | Published

notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how

COMMUNITY FED. SAV. & LOAN v. Wright

452 So. 2d 638

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 474538

Cited 4 times | Published

fails to read section 48.041(2) in pari materia with section 48.041(1). Section 48.041(1) states that

Dempsey v. State

82 So. 3d 928, 2011 WL 2848713, 2011 Fla. App. LEXIS 11363

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 60306299

Cited 3 times | Published

listed guardian, at her place of employment. See § 48.041(l)(a), Fla. Stat. (2010) (providing that service

A-1 King Size Sandwich Co. v. McRae

496 So. 2d 958, 1986 Fla. App. LEXIS 10389, 11 Fla. L. Weekly 2303

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 64622640

Published

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

Davie v. Calton ex rel. Calton

453 So. 2d 185, 1984 Fla. App. LEXIS 14394

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606040

Published

the conjunctive and strict requirements of Section 48.041(1), Florida Statutes (1969),1 see Jones v.

Community Federal Savings & Loan Ass'n of the Palm Beaches v. Wright

452 So. 2d 638, 1984 Fla. App. LEXIS 13617

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605774

Published

fails to read section 48.041(2) in pari materia with section 48.041(1). Section 48.041(1) states that

Williams v. Richardson

432 So. 2d 58, 1983 Fla. App. LEXIS 18930

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 64597253

Published

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

Ago

Florida Attorney General Reports | Filed: Mar 15, 1978 | Docket: 3258695

Published

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

Jones ex rel. Jones v. Lucks

349 So. 2d 691, 1977 Fla. App. LEXIS 16228

District Court of Appeal of Florida | Filed: Aug 12, 1977 | Docket: 64560030

Published

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