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Florida Statute 49.041 | Lawyer Caselaw & Research
F.S. 49.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 49.041

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. 49.041
49.041 Sworn statement, natural person as defendant.The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show:
(1) That diligent search and inquiry have been made to discover the name and residence of such person, and that the same is set forth in said sworn statement as particularly as is known to the affiant; and
(2) Whether such person is over or under the age of 18 years, if his or her age is known, or that the person’s age is unknown; and
(3) In addition to the above, that the residence of such person is, either:
(a) Unknown to the affiant; or
(b) In some state or country other than this state, stating said residence if known; or
(c) In the state, but that he or she has been absent from the state for more than 60 days next preceding the making of the sworn statement, or conceals himself or herself so that process cannot be personally served, and that affiant believes that there is no person in the state upon whom service of process would bind said absent or concealed defendant.
History.s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.
Note.Former s. 48.04.

F.S. 49.041 on Google Scholar

F.S. 49.041 on Casetext

Amendments to 49.041


Arrestable Offenses / Crimes under Fla. Stat. 49.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Stat. (2017) ; § 49.041, Fla. Stat. (2017) ; Martins v. Oaks Master Prop. . . .

ARCHER, v. U. S. BANK NATIONAL ASSOCIATION, SW, 220 So. 3d 477 (Fla. Dist. Ct. App. 2017)

. . . s alleged failure to comply with the. diligent search requirements set forth in sections 49.031 and 49.041 . . .

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

. . . See §§ 49.041, 49.051, 49.061, Fla. Stat. (2014). . . .

MAZINE, v. BRANCH BANKING AND TRUST COMPANY,, 156 So. 3d 579 (Fla. Dist. Ct. App. 2015)

. . . that Mazine was avoiding service and service by publication would be permitted pursuant to section 49.041 . . . that the trial court’s order was incorrectly predicated on a sworn statement made pursuant to section 49.041 . . .

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

. . . . § 49.041, Fla. Stat. (2010). . . .

PEYSINA, v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 118 So. 3d 237 (Fla. Dist. Ct. App. 2013)

. . . diligent search, generally, in reference to the diligent search and inquiry requirement of section 49.041 . . .

CASTRO v. CHARTER CLUB, INC. a, 114 So. 3d 1055 (Fla. Dist. Ct. App. 2013)

. . . .” § 49.041(1), Fla. Stat. (2009). . . . Averments in conclusory terms are insufficient to satisfy the particularity required pursuant to section 49.041 . . . This is insufficient to satisfy the “particularity” requirement of section 49.041. See Wiggins v. . . .

CRYSTAL CLEAR HOLDINGS, LLC, v. GOSMAN,, 59 So. 3d 1170 (Fla. Dist. Ct. App. 2011)

. . . . § 49.041, Fla. Stat. (2009); Miller v. Partin, 31 So.3d 224 (Fla. 5th DCA 2010). . . .

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

. . . was authorized in this instance by rule 1.070(e), Florida Rules of Civil Procedure, and by section 49.041 . . . by the plaintiff, the plaintiffs agent or attorney, setting forth the matters contained in section 49.041 . . . More specifically, section 49.041 requires the sworn statement of the plaintiff or his or her agent or . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE. In, 44 So. 3d 555 (Fla. 2010)

. . . Finally, section 49.041, Florida Statutes (2009), sets forth the minimum requirements for an affidavit . . . no person in the state upon whom service of process would bind said absent or concealed defendant. § 49.041 . . .

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)

. . . representative of the mortgage company filed an affidavit of diligent search in compliance with section 49.041 . . . All that is required under section 49.041, for service by publication, is a sworn statement that diligent . . .

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

. . . jurisdiction in an action solely for annulment where the requirements of sections 49.011, 49.021, and 49.041 . . .

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

. . . . § 49.041 (2008). . . . Stat. § 49.041(3) with Carpió Declaration; Affidavit of Diligent Search and Inquiry; and Affidavit of . . . The Government’s papers therefore satisfy the first two parts of section 49.041 of the Florida statutes . . . Stat. § 49.041(1) & (2). . . . Stat. § 49.041(3). . . .

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

. . . . § 49.041 (2008). . . . Stat. § 49.041(3) with Carpió Declaration; Affidavit of Diligent Search and Inquiry; and Affidavit of . . . The Government’s papers therefore satisfy the first two parts of section 49.041 of the Florida statutes . . . Stat. § 49.041(1) & (2). . . . Stat. § 49.041(3). . . .

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

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

WOLFE, Jr. v. STEVENS,, 965 So. 2d 1257 (Fla. Dist. Ct. App. 2007)

. . . filing suit, Stevens filed a sworn statement for constructive service pursuant to sections 49.031 and 49.041 . . .

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

. . . Section 49.041, Florida Statutes (2006). . . . language of the statute in concluso-ry language, I think this practice is incorrect because section 49.041 . . .

MATSUMOTO, v. AMERICAN BURIAL AND CREMATION SERVICES, INC. a d b a D., 949 So. 2d 1054 (Fla. Dist. Ct. App. 2006)

. . . See § 49.041(1), Fla. Stat. (2002). . . .

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

. . . the judgment is not void so long as the affidavit alleges compliance with the requirements of section 49.041 . . .

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

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

M. E. v. N. P. S., 804 So. 2d 548 (Fla. Dist. Ct. App. 2002)

. . . . §§ 49.031, 49.041, Fla. Stat. (1997). . . . First, the statement filed by the process server is not sworn, as required by section 49.041. . . .

REINA, v. BARNETT BANK, N. A. N. A. N. A., 766 So. 2d 290 (Fla. Dist. Ct. App. 2000)

. . . In this case, the Bank relied on sections 49.011(1), 49.031, and 49.041, Florida Statutes (1997). . . .

E. EDMONDSON, v. I. GREEN I. P. A. a, 755 So. 2d 701 (Fla. Dist. Ct. App. 1999)

. . . erroneous Green argues that Edmondson’s constructive service affidavit was deficient pursuant to section 49.041 . . .

FLOYD, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 704 So. 2d 1110 (Fla. Dist. Ct. App. 1998)

. . . See §§ 49.031(1), 49.041(1), Fla. Stat. (1995). . . . . §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). . . .

SOUTHEAST AND ASSOCIATES, INC. v. FOX RUN HOMEOWNERS ASSOCIATION, INC. a, 704 So. 2d 694 (Fla. Dist. Ct. App. 1997)

. . . Florida Statute Section 49.041 provides that a person may be served by publication upon verified statement . . .

M. BAYNES, v. L. BAYNES,, 690 So. 2d 662 (Fla. Dist. Ct. App. 1997)

. . . service, she filed an affidavit of diligent search and inquiry pursuant to sections 49.031 through 49.041 . . .

D. TINDAL, v. VARNER T., 667 So. 2d 890 (Fla. Dist. Ct. App. 1996)

. . . 1993, the Varners filed a sworn statement for constructive service pursuant to sections 49.031 and 49.041 . . . They contend that section 49.041 requires that they search diligently only for her “residence” and not . . .

SANTINI, v. RESOLUTION TRUST CORPORATION, F. S. B., 660 So. 2d 1151 (Fla. Dist. Ct. App. 1995)

. . . We conclude that Resolution Trust Corporation (Resolution Trust) failed to comply with section 49.041 . . . no person in the state upon whom service of process would bind said absent or concealed defendant. § 49.041 . . . Neither affidavit complies with section 49.041. . . . Section 49.041 is strictly construed against a plaintiff who seeks service of process under it. . . . Since the affidavits filed in this case do not comply with Section 49.041, the constructive service upon . . .

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

. . . . §§ 49.041, 49.051, 49.061 and 49.071, Fla.Stat. (1991). . . .

H. DEMARS, v. VILLAGE OF SANDALWOOD LAKES HOMEOWNERS ASSOCIATION, INC. J., 625 So. 2d 1219 (Fla. Dist. Ct. App. 1993)

. . . service is a clear compliance with the statutory requirements of section 48.04, F.S.1951 [now section 49.041 . . . appear that the supreme court has directly addressed the change in the statutory language in section 49.041 . . . MADE AS TO THE RESIDENCE OF DEFENDANT, IN AN AFFIDAVIT FOR CONSTRUCTIVE SERVICE PURSUANT TO SECTION 49.041 . . . evidentiary hearing prior to an order of production, with the jurisdictional requirements of section 49.041 . . .

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

. . . Section 49.041, Florida Statutes (1987) reads in pertinent part: Sworn statement, natural person as defendant . . .

TULPERE, v. DUVAL FEDERAL SAVINGS LOAN ASSOCIATION OF JACKSONVILLE,, 575 So. 2d 801 (Fla. Dist. Ct. App. 1991)

. . . Section 49.041, Florida Statutes (1987), governing constructive, service states in part: The sworn statement . . . The amended affidavit does not allege sufficient facts to satisfy the requirements of section 49.041( . . .

ONOFRIO, v. ONOFRIO,, 564 So. 2d 1215 (Fla. Dist. Ct. App. 1990)

. . . Cezarina was served constructively by publication under section 49.041, Florida Statutes (1971). . . . September, 1988, and that the statement of Cezarina’s residence given by Rubens pursuant to section 49.041 . . . Cezarina also contends that Rubens’ compliance with section 49.041 was insufficient. . . .

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

. . . .” § 49.041(1), Fla.Stat. (1987). . . .

B. HUNTER, A. v. GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION,, 555 So. 2d 900 (Fla. Dist. Ct. App. 1990)

. . . According to the affidavit submitted by Glendale, pursuant to section 49.041 Fla.Stat. (1987), on diligent . . . residential address for the appellants does not meet the diligent search and inquiry requisites of section 49.041 . . .

TULPERE, v. DUVAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF JACKSONVILLE, P. O A. O W. D. D. S., 548 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

. . . remained at her home residence, it was incumbent upon the plaintiff to show why compliance with section 49.041 . . .

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

. . . Palomino alleged that the return of service affidavit did not comply with section 49.041, Florida Statutes . . . English Enters., Inc., 155 So.2d 835 (Fla. 3d DCA 1963); § 49.041, Fla.Stat. (1985). . . . Section 49.041 states: 49.041 Sworn statement, natural person as defendant. — The sworn statement of . . .

B. MEILIUNAS, v. O LEARY,, 483 So. 2d 509 (Fla. Dist. Ct. App. 1986)

. . . As required by section 49.041, Florida Statutes (1985), appellant’s attorney filed an affidavit in which . . . Furthermore, the affidavit filed by appellant was insufficient to meet the requirements of section 49.041 . . .

J. TOMPKINS v. BARNETT BANK OF ST. JOHNS COUNTY, a, 478 So. 2d 878 (Fla. Dist. Ct. App. 1985)

. . . Section 49.041 provides further that the sworn statement shall show: (1) That diligent search and inquiry . . .

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

. . . provided in the UCCJA exclusive except in cases of personal service of process. .See §§ 49.021(1); 49.031; 49.041 . . .

WIGGINS, d b a O. K. v. PORTMAY CORPORATION,, 432 So. 2d 802 (Fla. Dist. Ct. App. 1983)

. . . This affidavit does not meet the technical requirements of Section 49.041, Florida Statutes, which requires . . . produced by this evidence, the failure of appellee’s affidavit to meet the requirements of Section 49.041 . . .

HYMAN, v. CANTER,, 389 So. 2d 322 (Fla. Dist. Ct. App. 1980)

. . . consequent default judgment against her were, as admitted by Hyman, erroneously entered, Sections 49.031 and 49.041 . . .

O. H. OVERHOLSER v. OVERSTREET,, 383 So. 2d 953 (Fla. Dist. Ct. App. 1980)

. . . fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041 . . .

TAYLOR, v. P. LOPEZ,, 358 So. 2d 69 (Fla. Dist. Ct. App. 1978)

. . . In attempting to obtain constructive service under F.S. 49.041, the affidavit filed as the basis for . . . Appellees have not and did not satisfy the strict requirements of F.S. 49.041, and, therefore, their . . .

MAYO, v. L. MAYO,, 344 So. 2d 933 (Fla. Dist. Ct. App. 1977)

. . . defendant to be served by publication, the requirements for the sworn statement are governed by Section 49.041 . . .

B. PHILLIPS R. d b a A H v. GUIN HUNT, INC., 344 So. 2d 568 (Fla. 1977)

. . . This procedure is required by Section 49.041, Florida Statutes, when service by publication is substituted . . .

DEXTER, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF HOLLYWOOD, a, 343 So. 2d 885 (Fla. Dist. Ct. App. 1977)

. . . This affidavit strictly conforms to the requirements of Section 49.041, Florida Statutes. . . .

J. CALLAGHAN, v. D. CALLAGHAN,, 337 So. 2d 986 (Fla. Dist. Ct. App. 1976)

. . . .-011, 49.031, 49.041 (1973). . . . nor the equivalent of a statement as to defendant’s residence as required by Fla.Stat. §§ 49.031 and 49.041 . . .

B. GOODLETT v. LOCKE TIMBER COMPANY,, 328 So. 2d 483 (Fla. Dist. Ct. App. 1976)

. . . Sec. 49.041, F.S. . . .

CANZONIERO, v. J. CANZONIERO,, 305 So. 2d 801 (Fla. Dist. Ct. App. 1975)

. . . The controlling statute is Fla.Stat. 49.041 (1973): “49.041 Sworn statement, natural person as defendant . . . It is our opinion that the husband failed to comply with the requirements of Fla.Stat. 49.041 (1973) . . .

A. GLUSZEK v. RICHARDSON,, 352 F. Supp. 1087 (E.D. Pa. 1972)

. . . As a prerequisite to service by publication, Section 49.041 of the Florida Statutes Annotated requires . . .

NAPLES PARK- VANDERBILT BEACH WATER DISTRICT, a v. DOWNING, 244 So. 2d 464 (Fla. Dist. Ct. App. 1970)

. . . Florida Statute 49.041, F.S.A. requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A . . .

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

. . . Now § 49.041(1), F.S.A. . . . . McElvy (1926), 91 Fla. 770, 108 So. 820, 831. . §§ 48.02 and 48.04, F.S.1965, now §§ 49.021 and 49.041 . . .

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 . . .

v., 54 T.C. 855 (T.C. 1970)

. . . Ann. sec. 49.041 (1969). . . . satisfied that he had made an effort appropriate to the circumstances under the Florida statute, sec. 49.041 . . . the form of services, meals, accommodations, stock, or other property, as well as in cash. * * * Sec. 49.041 . . .

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

. . . . §§ 49.031, 49.041. . Fla.Stat.Annot. ’§ 49.12. . Williams v. . . .