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Florida Statute 48.061 | Lawyer Caselaw & Research
F.S. 48.061 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.061
48.061 Service on partnerships, limited liability partnerships, and limited partnerships.
(1)(a) Process against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, must be served on any partner and is as valid for service on the partnership as if served on each individual partner.
1. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee or agent to accept such service.
2. After one attempt to serve a partner or designated employee or agent for service of process has been made, process may be served on a person in charge of the partnership during regular business hours.
(b) If the partnership designated an agent when registering as a general partnership with the Department of State, service on the agent is as valid for service on the partnership as if served on each individual partner; however, unless individual partners are served, the plaintiff may only proceed to judgment and execution against the assets of the partnership.
(2)(a) Process against a domestic limited liability partnership must first be served on the then-current registered agent for service of process specified in its statement of qualification, in its statement of qualification as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the limited liability partnership as if served on each individual partner. If service cannot be made on the registered agent because the domestic limited liability partnership ceases to have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter or chapter 620, the process may be served on any partner.
1. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee to accept such service.
2. After one attempt to serve a partner or designated employee has been made, process may be served on a person in charge of the partnership during regular business hours.
(b) If, after due diligence, the process cannot be completed under paragraph (a), the process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic limited liability partnership or by order of the court under s. 48.102.
(3)(a)1. Process against a domestic limited partnership, including a domestic limited liability limited partnership, must first be served on the then-current agent for service of process specified in its certificate of limited partnership, in its certificate as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the domestic limited partnership as if served on each individual general partner of the partnership.
2. If service cannot be made on the registered agent because the domestic limited partnership or domestic limited liability limited partnership ceases to have a registered agent, or if the registered agent cannot otherwise be served following one good faith attempt because of a failure to comply with this chapter or chapter 620, the process may be served on any general partner.
3. After service on a general partner or the registered agent, the plaintiff may proceed to judgment and execution against the assets of the domestic limited partnership or of that general partner, unless the domestic limited partnership is a limited liability limited partnership.
(b) If, after due diligence, the process cannot be completed under paragraph (a), then process may be served as provided in s. 48.161 on the Secretary of State as an agent of the limited partnership or by order of the court under s. 48.102.
(4)(a) Process against a foreign limited liability partnership that was required to comply with s. 620.9102 may be served as prescribed under subsection (2).
(b) A foreign limited liability partnership engaging in business in this state but not registered is considered, for purposes of service of process, a nonresident engaging in business in this state and may be served pursuant to s. 48.181 or by order of the court under s. 48.102.
(5)(a) Process against a foreign limited partnership that was required to comply with s. 620.1902 may be served as prescribed under subsection (3).
(b) A foreign limited partnership engaging in business in this state but not registered is considered, for purposes of service of process, a nonresident engaging in business in this state and may be served pursuant to s. 48.181 or by order of the court under s. 48.102.
History.s. 13, Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL 4248; s. 4, ch. 67-254; s. 74, ch. 86-263; s. 3, ch. 87-405; s. 272, ch. 95-147; s. 2, ch. 2022-190.
Note.Former s. 47.15.

F.S. 48.061 on Google Scholar

F.S. 48.061 on Casetext

Amendments to 48.061


Arrestable Offenses / Crimes under Fla. Stat. 48.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GREEN EMERALD HOMES, LLC, v. BANK OF NEW YORK MELLON, f k a, 204 So.3d 512 (Fla. Dist. Ct. App. 2016)

. . . And section 48.061(2), Fla. . . .

MEAD, v. MILTON, LLC, d b a s B- Q,, 102 So. 3d 682 (Fla. Dist. Ct. App. 2012)

. . . However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain . . . The appellant made service pursuant to section 48.061(1), Florida Statutes, which states that: Process . . . Although section 48.061(1) does refer to service on a partner, and statutes governing service of process . . . Yang complied with the requirements for service under sections 608.463(l)(a) and 48.061(1), “as if the . . . Because the appellant established proper service under sections 608.463(l)(a) and 48.061(1), the default . . .

TWIN OAKS VILLAS, LTD. v. JOEL D. SMITH, L. L. C., 79 So. 3d 67 (Fla. Dist. Ct. App. 2011)

. . . served an alias summons on the Secretary of State, asserting in a letter that, pursuant to section 48.061 . . . Sections 48.061 and 620.1117, Florida Statutes (2007), each authorized substituted service on the Secretary . . . Section 48.061(2) stated: “If a general partner cannot be found in this state and service cannot be made . . . Section 48.061 is entitled “service on partnerships and limited partnerships,” and is found in Chapter . . . With regard to the relationship between section 620.1117 and 48.061, “related statutory provisions must . . .

WHITFIELD, LLC, v. SILVERMAN,, 67 So. 3d 435 (Fla. Dist. Ct. App. 2011)

. . . specific statute controls over a general statute concerning the same subject, to argue that section 48.061 . . . , Florida Statutes (2009), controls over section 49.021, because section 48.061 specifically governs . . . We conclude that section 48.061 can be read in harmony with section 49.021, and the plain language of . . .

ASSET MANAGEMENT, INC. v. NEIMAN,, 22 So. 3d 659 (Fla. Dist. Ct. App. 2009)

. . . Section 48.061(2), Florida Statutes (2007), governing service of process on partnerships provides that . . .

H F TIRES, L. P. a v. D. GLADIS COMPANY, INC. a a CW a a, 981 So. 2d 647 (Fla. Dist. Ct. App. 2008)

. . . . § 48.061(3) and F.S. § 48.071,” and (4) “failed to present any evidence of excusable neglect or promptly . . . H & F contends that the trial court erred in finding service proper under both section 48.061(3) and . . . Section 48.061(3) provides: Process against a foreign limited partnership may be served on any general . . . partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21. § 48.061 . . .

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

. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .

BOATFLOAT LLC, a v. GOLIA, M. D., 915 So. 2d 288 (Fla. Dist. Ct. App. 2005)

. . . That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process . . . Section 48.061(1) provides that service of process on a partnership should be completed on a partner . . . Golia urges us to look to subsection two of section 48.061 which discusses how service of process must . . . While the reference to chapter 48 may lead one to believe looking to section two of section 48.061 is . . . Instead, section 608.463 limits the sections of 48.061 the trial court may look to, only that which applies . . .

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

. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .

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

. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .

S. BAKER, M. C. v. F. PETWAY, III, S. J. TDJ TDJ, 740 So. 2d 1235 (Fla. Dist. Ct. App. 1999)

. . . Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides . . . follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061 . . . appellants in this case note, section 620.30, Florida Statutes (1985), is virtually identical to section 48.061 . . .

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

. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .

BRINKLEY, McNERNEY, MORGAN SOLOMON, v. COMMUNITY ACRES ASSOCIATES, LTD. I, 602 So. 2d 685 (Fla. Dist. Ct. App. 1992)

. . . Henderson, 531 So.2d 1013, 1015 (Fla. 1st DCA 1988) (plaintiff could not benefit from provision in section 48.061 . . . of process on one partner gives court jurisdiction over domestic limited partnership under section 48.061 . . .

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

. . . is to be used for all other service by summons, including service under Florida-Statutes § sections 48.061 . . .

TAMPA ASSOCIATES, LTD. a v. MIAMI ELEVATOR COMPANY, a, 545 So. 2d 458 (Fla. Dist. Ct. App. 1989)

. . . person who was not designated as a representative of the appellant partnership as required by section 48.061 . . .

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

. . . summons form is to be used for all other service by summons, including service under Florida Statutes § 48.061 . . .

BAY CITY MANAGEMENT, INC. v. HENDERSON, Jr., 531 So. 2d 1013 (Fla. Dist. Ct. App. 1988)

. . . by plaintiff when one reads the complaint, the summons, and the affidavit of compliance with section 48.061 . . . Plaintiffs counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes . . . Henderson attempted to effect service of process upon appellants under sections 48.061(3) and 48.071, . . . present here — no general partner in Florida — Henderson could not benefit from the provision in section 48.061 . . . Section 48.061(3) provides: (3) Process against a foreign limited partnership shall be served on any . . .

LOUIS BENITO ADVERTISING, INC. v. L. BROWN L., 517 So. 2d 775 (Fla. Dist. Ct. App. 1988)

. . . follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061 . . .

In ALEXANDER GRANT CO. LITIGATION, 110 F.R.D. 528 (S.D. Fla. 1986)

. . . . § 48.061 (West 1969). This court agrees that class certification is proper. . . .

BRITTANY LTD. a v. BRITTANY OF MICHIGAN, a, 468 So. 2d 344 (Fla. Dist. Ct. App. 1985)

. . . See also Section 48.061(3), Florida Statutes. . . .

MACH ROSENSTEIN COMPANY, v. MANDEL,, 444 So. 2d 541 (Fla. Dist. Ct. App. 1984)

. . . Investors Tax Shel tered Real Estate, Ltd., 838 So.2d 1092 (Fla. 3d DCA 1976); sections 48.061(1), and . . .

CORTEZ DEVELOPMENT COMPANY, v. NEW YORK CAPITAL GROUP, INC., 401 So. 2d 1163 (Fla. Dist. Ct. App. 1981)

. . . Facially, the service of process comported with the requirements of Sections 48.061(3) and 48.081, Florida . . . Section 48.061(3) provides that “[p]rocess against a foreign limited partnership shall be served on any . . .

TOUCHE ROSS CO. v. CANAVERAL INTERNATIONAL CORP., 369 So. 2d 441 (Fla. Dist. Ct. App. 1979)

. . . In our view, the defendant Touche Ross & Co. was not properly served in this cause under Section 48.061 . . . maintaining this action against the defendant Touche Ross & Co. providing it is properly served under Section 48.061 . . .

COUNTRY CLUBS OF SARASOTA, LTD. v. ZAUN EQUIPMENT, INC., 350 So. 2d 539 (Fla. Dist. Ct. App. 1977)

. . . service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061 . . . against a limited partnership by service on the resident agent of a former corporate general partner. § 48.061 . . .

COOPER PLAZA LTD. a v. NIDETCH, 342 So. 2d 1072 (Fla. Dist. Ct. App. 1977)

. . . Pursuant to Section 48.061(2), Florida Statutes (1975), the sheriff was directed to serve the summons . . . Reversed and remanded. . “48.061 Service on partnerships sfc sf: sjs sfs sf: sf: “(2) Process against . . .

ELTING CENTER CORPORATION, v. DIVERSIFIED TITLE CORP., 306 So. 2d 542 (Fla. Dist. Ct. App. 1974)

. . . . §§ 48.061(1) and 620.30, F.S.A. concerning service of process upon partnerships. . . .