Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 49.051 | Lawyer Caselaw & Research
F.S. 49.051 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 49.051

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. 49.051
49.051 Sworn statement, corporation as defendant.The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a corporation, shall show:
(1) That diligent search and inquiry have been made to discover the true name, domicile, principal place of business, and status (that is, whether foreign, domestic, or dissolved) of the corporate defendant, and that the same is set forth in said sworn statement as particularly as is known to the affiant, and that diligent search and inquiry have also been made, to discover the names and whereabouts of all persons upon whom the service of process would bind the said corporation and that the same is specified as particularly as is known to the affiant; and
(2) Whether or not the corporation has ever qualified to do business in this state, unless shown to be a Florida corporation; and
(3) That all officers, directors, general managers, cashiers, resident agents, and business agents of the corporation, 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; or
(e) That said officers, directors, general managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant.
History.s. 5, ch. 20452, 1941; s. 5, ch. 67-254; s. 288, ch. 95-147.
Note.Former s. 48.05.

F.S. 49.051 on Google Scholar

F.S. 49.051 on Casetext

Amendments to 49.051


Arrestable Offenses / Crimes under Fla. Stat. 49.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.051.



Annotations, Discussions, Cases:

Cases from cite.case.law:

INTER AMERICAN COAL, S. A. v. SHE LLC,, 255 So. 3d 432 (Fla. App. Ct. 2018)

. . . See §§ 49.031 (sworn statement as a condition precedent for service by publication), 49.051 (sworn statement . . . addition to challenging the sworn statement's compliance with the requirements set forth in section 49.051 . . .

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

. . . Appellant has cited to the requirements for a diligent search and inquiry for a corporation in section 49.051 . . . 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 . . . them so as to bind the said corporation; or (d) That their whereabouts are unknown to the affiant.' § 49.051 . . .

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

. . . Section 49.051, Florida Statutes (2006), contains explicit directions for service of process on a corporation . . . managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant. § 49.051 . . . corporate defendant or “persons upon whom the service of process would bind the said corporation,” see § 49.051 . . . Not only does section 49.051 set forth explicit requirements to effectuate proper service of process . . .

PERPRO SYSTEMS INTERNATIONAL, INC. v. RICKBEIL, 668 So. 2d 319 (Fla. Dist. Ct. App. 1996)

. . . appellees’ affidavit of diligent search and inquiry and asserted that it did not comply with section 49.051 . . . Section 49.051 contains explicit directions for service of process by publication against a corporation . . . appellees’ affidavit for constructive service does not satisfy the mandatory requirements of section 49.051 . . . appellees made a diligent search and inquiry to determine whether any of the persons qualified by section 49.051 . . .

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). . . .

SUNBLEST PRODUCTS, INC. v. VROOM ENTERPRISES, INC., 508 So. 2d 770 (Fla. Dist. Ct. App. 1987)

. . . state, an issue we need not decide here, the appellee did not comply with the requirements of section 49.051 . . .

COIN COPIES, INC. a v. FINANCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF DADE COUNTY, a, 472 So. 2d 869 (Fla. Dist. Ct. App. 1985)

. . . non-final order denying its motion to quash the purported service by publication pursuant to section 49.051 . . .

COIN COPIES, INC. a v. FINANCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF DADE COUNTY, a, 439 So. 2d 338 (Fla. Dist. Ct. App. 1983)

. . . non-final order denying its motion to quash service by publication made upon it pursuant to Section 49.051 . . .

ALAN RESTAURANT CORP. a d b a s v. WALDER, 399 So. 2d 1128 (Fla. Dist. Ct. App. 1981)

. . . an order allowing for service of process by publication against the Corporation pursuant to Section 49.051 . . .

DADE ERECTION SERVICE, INC. a v. SIMS CRANE SERVICE, INC. a, 379 So. 2d 423 (Fla. Dist. Ct. App. 1980)

. . . See § 49.051, and State ex rel. Woods-Young Co. v. Tedder, 103 Fla. 1083, 138 So. 643 (1932). . . . .