CopyCited 29 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 87, 1986 Fla. LEXIS 1724
...him. In some instances, such as when a defendant is a nonresident of the state of Florida or if a resident is absent from the state or concealed so that personal service cannot be obtained, our statutes authorize constructive service by publication. Section 49.021, Florida Statutes (1983), states: "Where personal service of process cannot be had, service of process by publication may be had upon any party ..." Service by publication is less likely to provide effective notice to a defendant than...
...OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. BOYD, C.J., concurs in result with an opinion. ADKINS, J., dissents with an opinion. BOYD, Chief Justice, concurring in the result. I concur in the decision of the Court holding that under sections
49.011 and
49.021, Florida Statutes (1983), service of process by publication is not available under the facts of this case....
...and for a judicial declaration or enforcement of any legal or equitable right, title, claim, lien, or interest thereunder." There is nothing on the face of this statute which limits it to in rem or quasi in rem jurisdiction. Therefore, I would hold, as did the district judge in this action, that section
49.021(2), Florida Statutes (1983), allows service of process by publication to be made upon non-resident corporations whenever personal service of process is unavailable, and that Bedford's action fell squarely within the provisions of section
49.011(5)....
CopyCited 20 times | Published | Florida 5th District Court of Appeal
...on has been brought. Personal service has always been regarded as the preferred method of accomplishing this. Service by publication under
49.011 may be made in dissolution proceedings only where personal service of process cannot be had. Fla. Stat. §
49.021 (1981)....
...ad adequate notice forestalling any due process attack on the final judgment. The court recognized that while section
49.011, Florida Statutes (1981) provides that service of process "by publication may be had in any court on any person mentioned in section
49.021 in any action... (4) for dissolution of marriage; ...," section
49.021 limits this by providing that service may be by publication only "where personal service of process cannot be had, ......
...Where such personal service cannot be had two general types of substituted or constructive service of process may be available, i.e., (2) process by publication and (3) process under "long-arm" statutes. (2) PROCESS BY PUBLICATION: Service of process by publication under section
49.021, Florida Statutes, can be used only if personal service cannot be had [4] and then only in the in rem and quasi in rem actions and proceedings specified in section
49.011, Florida Statutes....
...[3] As to court subject matter jurisdiction and its invocation by pleadings and perfection by service of process, see generally Fla. Power & Light Co. v. Canal Authority,
423 So.2d 421 (Fla. 5th DCA 1982), rev. den.,
434 So.2d 887 (Fla. 1983). [4] Section
49.021, Florida Statutes, relating to service of process by publication, commences with the qualifying words, "Where personal service of process cannot be had......
...ustody questions in order that the philosophy, objectives and provisions of the UCCJA would be paramount by making the substituted long-arm service of process provided in the UCCJA exclusive except in cases of personal service of process. [15] See §§
49.021(1);
49.031;
49.041;
49.08;
49.10;
49.12, Fla....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1990 WL 77248
...Trawick, Florida Practice and Procedure § 8-17 (1989). Subsections (2) and (5) of section
49.011, Florida Statutes (1987), provide the court this jurisdiction in the type of suit at issue here: Service of process by publication may be made in any court on any person mentioned in s.
49.021 in any action or proceeding: ......
...legal or equitable right, title, claim, lien, or interest thereunder. As the introductory paragraph of this subsection states, for the court to have the proper jurisdiction, the parties served by publication must also fit within the strictures of subsection 49.021....
...The appellants' factual allegations in the complaint showed that personal service of process could not be had upon them because they were not present in the state and had done no act under the long-arm statute. They are, therefore, the very persons upon whom section 49.021 contemplates service by publication in this kind of suit....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 6205
...ication may be made. This section nowhere provides for notice by publication in bastardy cases; however, subsection (12) of F.S.
49.011, F.S.A., reads as follows: "Service of process by publication may be made in any court on any person mentioned in §
49.021, in any action or proceeding: *595 (12) Wherein 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." Since there is no specific statutory provision...
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2006 WL 435697
...4th DCA 2005). A mortgage holder may serve process by publication in a foreclosure action. See §
49.011, Fla. Stat. (2003). However, it may do so only "[w]here personal service of process or . . . service of process under §
48.194 cannot be had." §
49.021, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 324, 1992 WL 7201
...50, 60,
186 So. 526, 531 (Fla. 1938). Therefore, the trial court did not have the authority to enter the appealed order, the underlying orders, or the final judgment of foreclosure, which, inter alia, authorized the clerk to sell the property at public sale. Section
49.021, Florida Statutes (1987) reads in pertinent part: Service of process by publication, upon whom....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1992 WL 106958
...We note that in McIntyre the court equated domicile with the necessary residency requirement to file a dissolution of marriage action. [3] If the husband cannot plead and sustain service under section
48.193(1)(e), service by publication pursuant to section
49.021, Florida Statutes (1991) would be proper only as to matters for which publication is authorized provided all procedural requirements are complied with....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1991 WL 45202
...Emilio Cosio, the prospective purchaser in a failed real estate transaction, filed an action for breach of contract, fraud, and rescission against the seller, Alden Zieman. After unsuccessfully attempting personal service, Cosio served Zieman by publication. See §§
49.011,
49.021, Fla....
...After a default had been entered on constructive service, Zieman's attorney appeared on a motion to set aside the default, but refused to accept service for his client. Section
49.011, Florida Statutes (1989), controls. It provides: Service of process by publication may be made in any court on any person mentioned in s.
49.021 [2] in any action or proceeding: (1) To enforce any ......
...See Lambert v. Lambert,
403 So.2d 484 (Fla. 1st DCA 1981) (court of equity can mold remedy to fit substance of the complaint, as all prayers in equity are considered to pray for general relief). [2] The appellants are among those persons mentioned in section
49.021....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057960
...Finally, we note that many of the averments in the sworn statement submitted in this case aver that a particular inquiry "has not yet revealed an accurate or current forwarding address for the Defendant." (emphasis added). Because constructive service by publication may not be utilized where personal service can be had, see § 49.021, the use of such qualifying terminology, at a minimum, leaves open to question whether these averments are sufficient to constitute strict compliance with the service by publication statute....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Jeffrey A. Schwarz, North Miami, for appellee. Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ. PER CURIAM. In a dissolution proceeding, the wife challenges the constructive service of process obtained over her pursuant to sections
49.011(4) and
49.021, Florida Statutes (1981)....
...Since it is undisputed that the parties never maintained a marital domicile in this state, long arm personal service over her was an impossibility under section
48.193(3). See Arnstein v. Arnstein,
422 So.2d 1052, 1053 (Fla. 4th DCA 1982) (Anstead, J., specially concurring). Section
49.021 may be utilized only where, as here, personal service of process cannot be obtained....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489
...ctually received there by defendant) is not enough to confer in personam jurisdiction over a non-resident corporation." Bedford Computer Corp. v. Graphic Press, Inc.,
484 So.2d 1225, 1227 (Fla. 1986). Although Bedford involved service rendered under section
49.021, Florida Statutes (1985), there is no reason why a different result should obtain in the context of section
731.301(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Section
48.193(4). The method selected by a plaintiff depends upon the alternative available and the option of the plaintiff. In this case the wife had two alternatives available, personal service under Sections
48.193 and
48.194 or service by publication under Section
49.021, Florida Statutes (1975)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...[2] In a proceeding to terminate parental rights, personal service of the petition and summons on each parent is required, unless personal service "cannot be had" after diligent search and inquiry, in which case constructive service is authorized. § 49.021, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19200, 2011 WL 6032692
...enders meaningless or absurd any other statutory Jprovision." Id. See, e.g., 1321 Whitfield, LLC v. Silverman,
67 So.3d 435 (Fla. 2d DCA 2011) (rejecting defendant's argument that the more specific service provision of section
48.061 controlled over section
49.021, instead pointing out that the courts are required to reconcile seemingly disparate provisions unless there is a "hopeless inconsistency")....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13337, 2011 WL 3685757
...n failed to make a diligent search and inquiry to effect personal service on the registered agent. We affirm the final judgment of foreclosure because constructive service of process by publication upon a limited liability company is permitted under section 49.021(2), Florida Statutes (2009)....
...The statute permits service of process “in accordance with chapter 48 or chapter 49, as if the limited liability company were a partnership” or “upon the registered agent at the agent’s street address.” Here, service of process was served under chapter 49 — specifically, section 49.021(2) — which provides for service of process by publication upon “any corporation or other legal entity ” where personal service of process cannot be effectuated....
...ility companies and partnerships. Whitfield relies upon the principle of statutory construction that a 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 service of process on partnerships....
...atutes.’ ” Knowles v. Beverly Enters.-Fla., Inc.,
898 So.2d 1, 9 (Fla.2004) *437 (quoting Agency for Health Care Admin. v. In re Estate of Johnson,
743 So.2d 83, 87 (Fla. 3d DCA 1999)). We conclude that section
48.061 can be read in harmony with section
49.021, and the plain language of section
49.021(2) providing for service of process by publication on “any corporation or other legal entity” applies to partnerships and limited liability companies. Therefore, Silverman’s service of process by publication upon Whitfield was permitted by section
49.021(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...opriate to the
circumstances, to acquire the information necessary to enable him to
effect personal service on the defendant.” Green Emerald Homes, LLC v.
Bank of N.Y. Mellon,
204 So. 3d 512, 514 (Fla. 4th DCA 2016) (citations
omitted); Fla. Stat. §
49.021 (2014).
The plaintiff’s affidavit of diligent search provided:
A diligent search and inquiry has been made to locate the
residence of [the guarantor] ....
CopyCited 1 times | Published | District Court of Appeal of Florida
be made in any court on any person mentioned in §
49.021, in any action or pro*595ceeding: (12) Wherein
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...This interlocutory appeal presents a novel question concerning service of process statutes. This is a mortgage foreclosure action. Defendants are nonresidents with known out of state addresses. Constructive service of process was duly perfected upon the defendants via Fla. Stat. § 49.021 (1973), which provides: "49.021 Service of process by publication, upon whom....
...Defendants appeal. We affirm. The point: Where personal service of process is available under the provisions of Chapter 48, Florida Statutes (Long Arm Statute), may a plaintiff effect service of process by utilizing the provisions of Florida Statute 49.021....
...cess under the Long Arm Statute, they necessarily would have to be served under its procedure as provided in Fla. Stat. §
48.194 (1973). They say the plaintiffs had no option under the circumstances to elect to serve constructively under Fla. Stat. §
49.021 (1973)....
...state if possible (and it is possible here) and that resort cannot be had to service of process by publication where such personal service is available. We disagree. In essence, defendants base their position upon the opening sentence of Fla. Stat. § 49.021: "Where personal service of process cannot be had, service of process by publication may be had upon any party, ..." and the caption of Fla....
...ute non-residents (meeting its criteria) can now be "personally served" in foreign states as concerns Florida litigation. Thus, since personal service can be had, constructive service of process by publication by the very opening words of Fla. Stat. § 49.021 (1973) is not authorized....
...They agree that the Long Arm Statute was available and could have been employed by them to obtain personal service of process outside the state upon the non-resident defendants. However, they insist that they had an unbridled option here to elect to obtain service of process by publication upon defendants via Fla. Stat. § 49.021 (1973)....
...s. We hold that, even though personal service of process upon non-residents is available under the provisions of Chapter 48, Florida Statutes, a plaintiff may elect at his option to effect service of process by utilizing the provisions of Fla. Stat. § 49.021 (1973)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...nce been repealed, may be “in accordance with chapter 48 or chapter 49, as if the limited liability company were' a partnership.” § 608.463(l)(a), Fla. Stat. (2014); see 1321 Whitfield, LLC v. Silverman,
67 So.3d 435, 436 (Fla. 2d DCA 2011). As section
49.021, Florida Statutes (2014), allows for constructive service’ on corporations and other legal entities, it authorizes such service on limited liability companies....
CopyPublished | Florida 5th District Court of Appeal
...judgment because Toll Bridge Company was a long-dissolved
Florida corporation, the court erred.
Marlowe served his quiet title complaint upon Toll Bridge
Company by publication. “Service of process by publication may
be made in any court on any party identified in [section
49.021,
Florida Statutes], in any action or proceeding” to, inter alia, “quiet
title or remove any encumbrance, lien, or cloud on the title to any
real or personal property within the jurisdiction of the court.” §
49.011(2), Fla....
...oreign, domestic, or
unknown, and whether 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.” § 49.021(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...receives notice of any action against him so that he may have
his day in court in accordance with due process
requirements.” Id.
Green Emerald Homes, LLC v. Bank of New York Mellon,
204 So. 3d 512,
515 (Fla. 4th DCA 2016); accord §
49.011, Fla. Stat. (2017); §
49.021, Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 18148, 2007 WL 3355576
...County circuit court, alleging that the whereabouts of the wife and child were unknown. He simultaneously filed an affidavit of diligent search and inquiry. Constructive service of process was effected by publication pursuant to sections
49.011 and
49.021, Florida Statutes (2007)....
...esident of the State of Florida. See Arnstein v. Arnstein,
422 So.2d 1052, 1053 (Fla. 4th DCA 1982). Section
49.011(4), Florida Statutes (2007), provides that “[sjervice of process by publication may be made in any court on any party identified in s.
49.021 in any action or proceeding ... [f]or dissolution or annulment of marriage.” Section
49.021(1) provides in pertinent part that service by publication may be made on “[a]ny known or unknown natural person.” A plaintiff suing a natural person must file a sworn statement stating the following: (1) That diligent search and in...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4430, 1991 WL 76529
...The motion stated that they could be personally served at the Danbury address. They argued that, as Fidelity knew appellants’ last address, it should have personally served them there. The trial court denied the motion. This appeal followed. We begin, of course, with the language of the statute, section 49.021, Florida Statutes (1989), which says: Where personal service of process cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown * * *....
...Graphic Press Inc.,
484 So.2d 1225 (Fla.1986), our supreme court faced the issue whether a Florida court could acquire personal jurisdiction over a foreign corporation by publishing in Florida and also sending certified mail notice to the corporation at its out-of-state address. Citing the language of section
49.021 quoted above, the court held that personal jurisdiction over the non-resident corporation was not acquired....
...h allow litigants to select the easier method of publication over the more certain personal service in the distant state, at least where the serving party knows the address of the party to be served. Thus we think that, as the court held in Bedford, section 49.021 really means that if personal service is available publication may not be used....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 666, 1987 Fla. App. LEXIS 7126
directions to quash service of process. . Section
49.021(1) provides:
49.021 Service of process by publication
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3378, 2010 WL 837863
...On its surface the law concerning service of process by publication is relatively clear. Where personal service of process cannot be had, service of process by publication may be utilized in any case allowed by section
49.011 upon any party, natural or corporation, known or unknown. §
49.021, Fla....
CopyPublished | Florida 5th District Court of Appeal
...Company was a long-dissolved
Florida corporation, the court erred.
Marlowe served his quiet title complaint upon Toll Bridge Company by
publication. “Service of process by publication may be made in any court on
any party identified in [section
49.021, Florida Statutes], in any action or
proceeding” to, inter alia, “quiet title or remove any encumbrance, lien, or
cloud on the title to any real or personal property within the jurisdiction of the
court.” §
49.011(2), Fla....
...whether its domicile be foreign, domestic, or unknown, and whether
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.” § 49.021(2), Fla.
Stat....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 93, 1997 WL 7133
...The complaint and amended complaint allege that appellant, a citizen of Germany, is subject to the jurisdiction of the Florida court pursuant to section
48.193(l)(a), Florida Statutes (1993). Appellee served appellant by publication in a newspaper apparently pursuant to section
49.021, Florida Statutes (1993)....
...s in this state, nor does it reflect that appellee attempted but failed to effect service on appellant as a nonresident of this state. If these allegations had been set forth, it would then have been appropriate for the trial court to consider under section 49.021 whether service of process by publication was proper. Section 49.021 states: “Where personal service of process or, if appropriate, *743 service of process under s....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5859
Sutherland Statutory Construction 3rd ed., Vol. 2, § 49.21. This construction compels the decision that the
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 20460, 2011 WL 6372943
...e defendant may be personally served, and where the trial court has not made a finding that the defendant was attempting to evade service. The standard of review is de novo. Mecca Multimedia, Inc. v. Kurzbard,
954 So.2d 1179, 1181 (Fla. 3d DCA2007). Section
49.021, Florida Statutes (2010), provides, in pertinent part: “Where personal service of process or, if appropriate, service of process under s....
...of the kinds listed in section
49.011, Florida Statutes (2010)) is only permitted when personal service cannot be obtained. See Gross v. Fid. Sav. Bank of Fla.,
579 So.2d 846, 847 (Fla. 4th DCA 1991). Statutes governing service of process, including section
49.021, are strictly construed....
CopyPublished | Florida 3rd District Court of Appeal
...outs, was proper where plaintiff
made a showing of diligent inquiry to ascertain defendant’s whereabouts); Hull v.
Lending House, Inc.,
19 So. 3d 404 (Fla. 3d DCA 2009) (finding record evidence
that service of process by publication pursuant to section
49.021 was appropriate
because defendant’s residence was inaccessible and the process server could not
gain access by any reasonable means).
IV....
