CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...rocess in connection with her husband's business, either on June 15 or at any other time. [5] However, service on a domestic corporation may be by publication if the sheriff has diligently searched in vain for those persons listed in Chapter 48. See § 49.051, and State ex rel....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Attempts at gaining jurisdiction over the Corporation by personal service on its resident agent, Alan Gardner, were unsuccessful. On October 6, 1980, the Walders filed a motion asking the circuit court to enter an order allowing for service of process by publication against the Corporation pursuant to Section 49.051, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057960
...erving former counsel, who it knew no longer represented Redfield. That effort having failed, Pinecrest sought to effectuate constructive service upon Redfield pursuant to Chapter 49 of the Florida Statutes, Florida's service by publication statute. Section 49.051, Florida Statutes (2006), contains explicit directions for service of process on a corporation....
...upon them so as to bind the said corporation; or (d) That their whereabouts are unknown to the affiant; or (e) That said officers, directors, general managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant. § 49.051 (emphasis added)....
...39 statement submitted by Pinecrest is deafeningly silent concerning the most likely source of potential information regarding the "status" of the corporate defendant or "persons upon whom the service of process would bind the said corporation," see § 49.051(1), the local Venezuelan consulate, with whom Pinecrest had been in regular contact since almost the day Pinecrest learned of the code violations and sought to levy a fine on the property owner....
...nts necessary to satisfy this state's service of process by publication law. See Levenson,
877 So.2d at 820. Quite apart from this failure, we also note that the affidavit filed by Pinecrest in this case is itself legally insufficient. Not only does section
49.051 set forth explicit requirements to effectuate proper service of process by publication on a corporation in this state, but the statute also requires that the sworn statement show that the requirements have been met....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Clar, Coral Gables, for appellant. No appearance, for appellee. Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. Coin Copies, Inc., the defendant below, appeals from a non-final order denying its motion to quash service by publication made upon it pursuant to Section 49.051, Florida Statutes (1981)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...A prerequisite to constructive service of process is the filing of a sworn statement stating that a diligent search for *516 persons sought to be served has been made. See § 49.081, Fla. Stat. (2014). Appellant has cited to the requirements for a diligent search and inquiry for a corporation in section 49.051, Florida Statutes (2014), to show that the Bank did not conduct an adequate search....
...r or agent. Regardless, under the constructive service statutes, whether the party to be served is a corporation, partnership, or simply a natural person, a diligent search for the whereabouts of the person to be served is required. See §§
49.041,
49.051,
49.061, Fla. Stat. (2014). For instance, under section
49.051, the sworn statement must state “that diligent search and inquiry have also been made, to discover the names and....
...tion, either: (a) Are absent from the state; or (b) Cannot be found within the state; or (c) Conceal themselves so that process cannot be served upon them so as to bind the said corporation; or (d) That their whereabouts are unknown to the affiant.' § 49.051(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...mortgage on the property. In June 2017, NWL filed a sworn statement for service
of process by publication, detailing the steps taken in attempting to serve Inter
American. See §§
49.031 (sworn statement as a condition precedent for service by
publication),
49.051 (sworn statement requirements when the defendant is a
corporation), Fla....
...judgment. Before the hearing on SHE’s motion, Inter American appeared through
counsel and moved to quash service of process and set aside the default. In
addition to challenging the sworn statement’s compliance with the requirements set
forth in section 49.051, Florida Statutes, Inter American argued that it had lien
2
priority over SHE’s lien on the property....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1512, 1987 Fla. App. LEXIS 8848
appellee did not comply with the requirements of section
49.051, Florida Statutes (1985) when its sworn statement
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1740, 1985 Fla. App. LEXIS 15001
PER CURIAM. Coin Copies, Inc. [Coin Copies] appeals from a non-final order denying its motion to quash the purported service by publication pursuant to section 49.051, Florida Statutes (1983), undertaken by Financial Federal Savings & Loan Association of Dade County....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1504, 1996 WL 71273
...After receiving notice of service from the clerk’s office, appellant responded by filing a motion to quash service of process. Appellant challenged the sufficiency of appellees’ affidavit of diligent search and inquiry and asserted that it did not comply with section 49.051, Florida Statutes (1993) and as such was insufficient to support service of process by publication. Section 49.051 contains explicit directions for service of process by publication against a *320 corporation....
...(e) That said officers, directors, general managers, cashiers, resident agents and business agents of the corporation are unknown to affiant. We hold that appellees’ affidavit for constructive service does not satisfy the mandatory requirements of section 49.051. The affidavit does not establish that appellees made a diligent search and inquiry to determine whether any of the persons qualified by section 49.051 were available in Florida for service of process....
