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 1 times | Published | District Court of Appeal of Florida
4th DCA 2016) (citations omitted); Fla. Stat. §
49.021 (2014). The plaintiff’s affidavit of diligent
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
Silverman,
67 So.3d 435, 436 (Fla. 2d DCA 2011). As section
49.021, Florida Statutes (2014), allows for constructive
CopyPublished | District Court of Appeal of Florida
made in any court on any party identified in [section
49.021, Florida Statutes], in any action or proceeding”
CopyPublished | District Court of Appeal of Florida
DCA 2016); accord §
49.011, Fla. Stat. (2017); §
49.021, Fla. Stat. (2017); §
49.041, Fla. Stat. (2017);
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 | District Court of Appeal of Florida
made in any court on any party identified in [section
49.021, Florida Statutes], in any action or proceeding”
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 | District Court of Appeal of Florida
service of process by publication pursuant to section
49.021 was appropriate because defendant’s residence
