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Florida Statute 49.021 | Lawyer Caselaw & Research
F.S. 49.021 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 49.021

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS
View Entire Chapter
F.S. 49.021
49.021 Service of process by publication, upon whom.Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including:
(1) Any known or unknown natural person, and, when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under, or against any known or unknown person who is known to be dead or is not known to be either dead or alive;
(2) Any corporation or other legal entity, whether its domicile be foreign, domestic, or unknown, and whether dissolved or existing, including corporations or other legal entities not known to be 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;
(3) Any group, firm, entity, or persons who operate or do business, or have operated or done business, in this state, under a name or title which includes the word “corporation,” “company,” “incorporated,” “inc.,” or any combination thereof, or under a name or title which indicates, tends to indicate or leads one to think that the same may be a corporation or other legal entity; and
(4) All claimants under any of such parties.

Unknown parties may be proceeded against exclusively or together with other parties.

History.s. 2, ch. 20452, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-254; s. 6, ch. 93-250.
Note.Former s. 48.02.

F.S. 49.021 on Google Scholar

F.S. 49.021 on Casetext

Amendments to 49.021


Arrestable Offenses / Crimes under Fla. Stat. 49.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

EPSTEIN, v. BRUNEL, LLC,, 271 So. 3d 1173 (Fla. App. Ct. 2019)

. . . Fla. 3d DCA 2009) (finding record evidence that service of process by publication pursuant to section 49.021 . . .

BENAVENTE E. v. OCEAN VILLAGE PROPERTY OWNERS ASSOCIATION, INC. LLC,, 260 So. 3d 313 (Fla. App. Ct. 2018)

. . . Stat. (2017) ; § 49.021, Fla. Stat. (2017) ; § 49.041, Fla. Stat. (2017) ; Martins v. . . .

HOWARD, v. GUALT,, 259 So. 3d 119 (Fla. App. Ct. 2018)

. . . . § 49.021 (2014). . . .

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

. . . As section 49.021, Florida Statutes (2014), allows for constructive service’ on corporations and other . . .

MARTINS, v. OAKS MASTER PROPERTY OWNERS ASSOCIATION, INC., 159 So. 3d 142 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to sections 49.011(1) and 49.021(1), Florida Statutes (2010), service of process by publication . . .

ESTELA, v. CAVALCANTI,, 76 So. 3d 1054 (Fla. Dist. Ct. App. 2011)

. . . Section 49.021, Florida Statutes (2010), provides, in pertinent part: “Where personal service of process . . . Statutes governing service of process, including section 49.021, are strictly construed. Id. . . .

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

. . . defendant’s argument that the more specific service provision of section 48.061 controlled over section 49.021 . . .

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

. . . constructive service of process by publication upon a limited liability company is permitted under section 49.021 . . . Here, service of process was served under chapter 49 — specifically, section 49.021(2) — which provides . . . 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 . . . Therefore, Silverman’s service of process by publication upon Whitfield was permitted by section 49.021 . . .

MILLER, v. G. PARTIN,, 31 So. 3d 224 (Fla. Dist. Ct. App. 2010)

. . . . § 49.021, Fla. Stat. (2007). . . .

LEWIS, a k a a k a a k a L. a k a J. v. FIFTH THIRD MORTGAGE COMPANY, BVK, 38 So. 3d 157 (Fla. Dist. Ct. App. 2010)

. . . .” § 49.021, Fla. Stat. (2007) (emphasis added); see Taylor v. . . . Lopez, 358 So.2d 69, 70 (Fla. 3d DCA 1978) (holding that section 49.021 only authorizes service by publication . . .

H. BROWN, v. T. COWELL,, 19 So. 3d 1171 (Fla. Dist. Ct. App. 2009)

. . . determination of jurisdiction in an action solely for annulment where the requirements of sections 49.011, 49.021 . . . See §§ 49.011, 49.021, Fla. Stat. (2008); Bedford Computer Corp. v. . . .

v., 33 Ct. Int'l Trade 1453 (Ct. Int'l Trade 2009)

. . . . §§ 49.011, 49.021 (2008). . . .

UNITED STATES, v. RODRIGUE, 645 F. Supp. 2d 1310 (Ct. Int'l Trade 2009)

. . . . §§ 49.011, 49.021 (2008). . . .

De L. HULL, v. LENDING HOUSE, INC., 19 So. 3d 404 (Fla. Dist. Ct. App. 2009)

. . . . §§ 49.021, .031, .041, Fla. Stat. (2008). . . .

REDFIELD INVESTMENTS, A. V. V. a v. VILLAGE OF PINECREST, a, 990 So. 2d 1135 (Fla. Dist. Ct. App. 2008)

. . . Because constructive service by publication may not be utilized where personal service can be had, see § 49.021 . . .

KOPECKY, v. KOPECKA,, 967 So. 2d 1109 (Fla. Dist. Ct. App. 2007)

. . . Constructive service of process was effected by publication pursuant to sections 49.011 and 49.021, Florida . . . provides that “[sjervice of process by publication may be made in any court on any party identified in s. 49.021 . . . Section 49.021(1) provides in pertinent part that service by publication may be made on “[a]ny known . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. J. J. E. J. E. A, 953 So. 2d 659 (Fla. Dist. Ct. App. 2007)

. . . Sections 49.011(13), 49.021(1), Florida Statutes (2006); rule 8.505(c). . . . See §§ 49.011(13) & 49.021(1), Fla. Stat. (2006); Fla. R. Juv. P. 8.505(c). . . .

J. M. A. F. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 938 So. 2d 620 (Fla. Dist. Ct. App. 2006)

. . . . § 49.021, Fla. Stat. (2005); Fla. R. Juv. P. 8.505(a)(1); M.J.W. v. . . .

GODSELL, v. UNITED GUARANTY RESIDENTIAL INSURANCE,, 923 So. 2d 1209 (Fla. Dist. Ct. App. 2006)

. . . The statutes governing service by publication in Florida are contained in sections 49.021-.041, Florida . . .

SHEPHEARD v. DEUTSCHE BANK TRUST COMPANY AMERICAS,, 922 So. 2d 340 (Fla. Dist. Ct. App. 2006)

. . . .” § 49.021, Fla. Stat. (2005). . . .

HELBIG, v. SCHNEIDER,, 686 So. 2d 742 (Fla. Dist. Ct. App. 1997)

. . . Appellee served appellant by publication in a newspaper apparently pursuant to section 49.021, Florida . . . had been set forth, it would then have been appropriate for the trial court to consider under section 49.021 . . . Section 49.021 states: “Where personal service of process or, if appropriate, service of process under . . .

BATCHIN, v. BARNETT BANK OF SOUTHWEST FLORIDA, 647 So. 2d 211 (Fla. Dist. Ct. App. 1994)

. . . . §§ 49.011 and 49.021, Fla.Stat. (1991). . . .

McCABE, v. McCABE,, 600 So. 2d 1181 (Fla. Dist. Ct. App. 1992)

. . . cannot plead and sustain service under section 48.193(l)(e), service by publication pursuant to section 49.021 . . .

K. GANS, v. HEATHGATE- SUNFLOWER HOMEOWNERS ASSOCIATION, INC., 593 So. 2d 549 (Fla. Dist. Ct. App. 1992)

. . . Section 49.021, Florida Statutes (1987) reads in pertinent part: Service of process by publication, upon . . .

GROSS v. FIDELITY FEDERAL SAVINGS BANK OF FLORIDA,, 579 So. 2d 846 (Fla. Dist. Ct. App. 1991)

. . . We begin, of course, with the language of the statute, section 49.021, Florida Statutes (1989), which . . . Citing the language of section 49.021 quoted above, the court held that personal jurisdiction over the . . . Thus we think that, as the court held in Bedford, section 49.021 really means that if personal service . . .

ZIEMAN, v. COSIO,, 578 So. 2d 332 (Fla. Dist. Ct. App. 1991)

. . . See §§ 49.011, 49.021, Fla.Stat. (1989). . . . provides: Service of process by publication may be made in any court on any person mentioned in s. 49.021 . . . The appellants are among those persons mentioned in section 49.021. . . . .

ESTATE OF BOBINGER, J. F. v. DELTONA CORPORATION, a, 563 So. 2d 739 (Fla. Dist. Ct. App. 1990)

. . . issue here: Service of process by publication may be made in any court on any person mentioned in s. 49.021 . . . proper jurisdiction, the parties served by publication must also fit within the strictures of subsection 49.021 . . . They are, therefore, the very persons upon whom section 49.021 contemplates service by publication in . . .

PALOMINO, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 504 So. 2d 445 (Fla. Dist. Ct. App. 1987)

. . . Lopez, 358 So.2d 69 (Fla. 3d DCA 1978); §§ 49.021(1), .041, Fla.Stat. (1985); see Bedford Computer Corp . . . Section 49.021(1) provides: 49.021 Service of process by publication, upon whom. — Where personal service . . .

SANTA FE LAKE DWELLERS ASSOCIATION, v. DEPARTMENT OF ENVIRONMENTAL REGULATION SANTA FE PASS, INC., 19 Fla. Supp. 2d 209 (Fla. Div. Admin. Hearings 1986)

. . . Section 49.021, Florida Statutes (1985) The underlying idea in both judicial and administrative contexts . . .

BEDFORD COMPUTER CORP. v. GRAPHIC PRESS, INC., 484 So. 2d 1225 (Fla. 1986)

. . . Therefore, I would hold, as did the district judge in this action, that section 49.021(2), Florida Statutes . . . Section 49.021, Florida Statutes (1983), states: “Where personal service of process cannot be had, service . . .

C. MOUZON, Jr. v. L. MOUZON,, 458 So. 2d 381 (Fla. Dist. Ct. App. 1984)

. . . . § 49.021 (1981). . . . that service of process “by publication may be had in any court on any person mentioned in section 49.021 . . . under “long-arm” statutes. (2) PROCESS BY PUBLICATION: Service of process by publication under section 49.021 . . . Section 49.021, Florida Statutes, relating to service of process by publication, commences with the qualifying . . . of process provided in the UCCJA exclusive except in cases of personal service of process. .See §§ 49.021 . . .

SHEFER, v. SHEFER,, 440 So. 2d 1319 (Fla. Dist. Ct. App. 1983)

. . . .-011(4) and 49.021, Florida Statutes (1981). . . . Section 49.021 may be utilized only where, as here, personal service of process cannot be obtained. . . .

J. ARNSTEIN, v. J. ARNSTEIN,, 422 So. 2d 1052 (Fla. Dist. Ct. App. 1982)

. . . provides that service of process “by publication may be made in any court on any person mentioned in s. 49.021 . . . The section referred to (§ 49.021) provides that service may be by publication “Where personal service . . .

PALMER, Jr. v. PALMER,, 353 So. 2d 1271 (Fla. Dist. Ct. App. 1978)

. . . available, personal service under Sections 48.193 and 48.194 or service by publication under Section 49.021 . . .

B. RISMAN v. S. WHITTAKER, 326 So. 2d 213 (Fla. Dist. Ct. App. 1976)

. . . . § 49.021 (1973), which provides: “49.021 Service of process by publication, upon whom. — Where personal . . . Statute), may a plaintiff effect service of process by utilizing the provisions of Florida Statute 49.021 . . . plaintiffs had no option under the circumstances to elect to serve constructively under Fla.Stat. § 49.021 . . . In essence, defendants base their position upon the opening sentence of Fla.Stat. § 49.021: “Where personal . . . can be had, constructive service of process by publication by the very opening words of Fla.Stat. § 49.021 . . .

E. SMITH, v. TOWN OF BITHLO, a, 314 So. 2d 212 (Fla. Dist. Ct. App. 1975)

. . . . § 49.021 (1973). . . .

S. GMAZ L. v. D. J. KING,, 238 So. 2d 511 (Fla. Dist. Ct. App. 1970)

. . . . §§ 48.02 and 48.04, F.S.1965, now §§ 49.021 and 49.041, F.S.A. . § 48.13, F.S.1965, now § 49.12, F.S.A . . .

T. J. K. v. N. B., 237 So. 2d 592 (Fla. Dist. Ct. App. 1970)

. . . as follows: “Service of process by publication may be made in any court on any person mentioned in § 49.021 . . .

ROXBY, v. H. ROXBY,, 235 So. 2d 58 (Fla. Dist. Ct. App. 1970)

. . . . §§ 49.011, 49.021 and 49.041, F.S.A. require only constructive service of process at appellant’s last . . .

UNITED STATES v. G. SMITH,, 398 F.2d 173 (3d Cir. 1968)

. . . . §§ 49.021, 49.10. . . .