The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.042

48.042 Service on incompetent.—

(1) Process against an incompetent shall be served:

(a) By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.

(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. 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 an incompetent 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 incompetent.

History.—s. 2, ch. 84-176; s. 271, ch. 95-147.

F.S. 48.042 on Google Scholar

F.S. 48.042 on Casetext

Amendments to 48.042

Arrestable Offenses / Crimes under Fla. Stat. 48.042

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.042.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . the following provisions: sections 48.081 (service of process generally), 48.041 (service on minors), 48.042 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . Florida Statutes § sections 48.031 (service of process generally), §-48.041 (service on minors), §-48.042 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 . . .