Florida Statute 49.071 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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49.071 Sworn statement, unknown parties as defendants.—

(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show:

(a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after diligent search and inquiry, are unknown to the affiant; and

(b) Whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants:

1. By, through, under or against a known person who is dead or not known to be dead or alive; or

2. By, through, under or against some corporation, domestic or foreign, that has been dissolved or which is not known to be existing or dissolved; or

3. By, through, under or against some organization which operated or did business under a name indicating a corporation; or

4. Otherwise as the case may be.

(2) In any case alleged against a named defendant, natural or corporate, who is stated, either in the pleadings or in the sworn statement, to be either dead or dissolved, or not known to be dead or alive, or dissolved or existing, any judgment, decree or order rendered against such defendant shall be as good, valid and effectual as if it had not been so stated.

History.—s. 7, ch. 20452, 1941; s. 5, ch. 67-254.

Note.—Former s. 48.07.

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Amendments to 49.071

Annotations, Discussions, Cases:

Cases Citing Statute 49.071

Total Results: 3

Floyd v. Federal Nat. Mortg. Ass'n

704 So. 2d 1110, 1998 Fla. App. LEXIS 138, 1998 WL 4093

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 1706042

Cited 10 times | Published

diligent search and inquiry as required by section 49.071 by completely ignoring parties in possession

Batchin v. Barnett Bank of Southwest Florida

647 So. 2d 211, 1994 Fla. App. LEXIS 7809, 1994 WL 406674

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 2084441

Cited 5 times | Published

Curiously, Barnett apparently proceeded under section 49.071, which states the requirements for the sworn

Martin v. Hacsi

909 So. 2d 935, 2005 Fla. App. LEXIS 12204, 2005 WL 1842678

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840218

Cited 2 times | Published

personal representative had been appointed. Section 49.071, Florida Statutes, “Sworn statement, unknown

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