The 2023 Florida Statutes (including Special Session C)
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. . . Stat. (2017) ; § 49.041, Fla. Stat. (2017) ; Martins v. Oaks Master Prop. . . .
. . . s alleged failure to comply with the. diligent search requirements set forth in sections 49.031 and 49.041 . . .
. . . See §§ 49.041, 49.051, 49.061, Fla. Stat. (2014). . . .
. . . 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 . . .
. . . . § 49.041, Fla. Stat. (2010). . . .
. . . diligent search, generally, in reference to the diligent search and inquiry requirement of section 49.041 . . .
. . . .” § 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. . . .
. . . . § 49.041, Fla. Stat. (2009); Miller v. Partin, 31 So.3d 224 (Fla. 5th DCA 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . jurisdiction in an action solely for annulment where the requirements of sections 49.011, 49.021, and 49.041 . . .
. . . . § 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). . . .
. . . . § 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). . . .
. . . . § 49.041, Fla. Stat. (2007). . . .
. . . filing suit, Stevens filed a sworn statement for constructive service pursuant to sections 49.031 and 49.041 . . .
. . . Section 49.041, Florida Statutes (2006). . . . language of the statute in concluso-ry language, I think this practice is incorrect because section 49.041 . . .
. . . See § 49.041(1), Fla. Stat. (2002). . . .
. . . the judgment is not void so long as the affidavit alleges compliance with the requirements of section 49.041 . . .
. . . .” § 49.041, Fla. Stat. (2005). . . .
. . . . §§ 49.031, 49.041, Fla. Stat. (1997). . . . First, the statement filed by the process server is not sworn, as required by section 49.041. . . .
. . . In this case, the Bank relied on sections 49.011(1), 49.031, and 49.041, Florida Statutes (1997). . . .
. . . erroneous Green argues that Edmondson’s constructive service affidavit was deficient pursuant to section 49.041 . . .
. . . See §§ 49.031(1), 49.041(1), Fla. Stat. (1995). . . . . §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). . . .
. . . Florida Statute Section 49.041 provides that a person may be served by publication upon verified statement . . .
. . . service, she filed an affidavit of diligent search and inquiry pursuant to sections 49.031 through 49.041 . . .
. . . 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 . . .
. . . 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 . . .
. . . . §§ 49.041, 49.051, 49.061 and 49.071, Fla.Stat. (1991). . . .
. . . 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 . . .
. . . Section 49.041, Florida Statutes (1987) reads in pertinent part: Sworn statement, natural person as defendant . . .
. . . 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( . . .
. . . 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. . . .
. . . .” § 49.041(1), Fla.Stat. (1987). . . .
. . . 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 . . .
. . . remained at her home residence, it was incumbent upon the plaintiff to show why compliance with section 49.041 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 49.041 provides further that the sworn statement shall show: (1) That diligent search and inquiry . . .
. . . provided in the UCCJA exclusive except in cases of personal service of process. .See §§ 49.021(1); 49.031; 49.041 . . .
. . . 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 . . .
. . . consequent default judgment against her were, as admitted by Hyman, erroneously entered, Sections 49.031 and 49.041 . . .
. . . fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041 . . .
. . . 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 . . .
. . . defendant to be served by publication, the requirements for the sworn statement are governed by Section 49.041 . . .
. . . This procedure is required by Section 49.041, Florida Statutes, when service by publication is substituted . . .
. . . This affidavit strictly conforms to the requirements of Section 49.041, Florida Statutes. . . .
. . . .-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 . . .
. . . Sec. 49.041, F.S. . . .
. . . 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) . . .
. . . As a prerequisite to service by publication, Section 49.041 of the Florida Statutes Annotated requires . . .
. . . Florida Statute 49.041, F.S.A. requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A . . .
. . . 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 . . .
. . . . §§ 49.011, 49.021 and 49.041, F.S.A. require only constructive service of process at appellant’s last . . .
. . . 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 . . .