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Florida Statute 49.071 | Lawyer Caselaw & Research
F.S. 49.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 49.071

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. 49.071
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.

F.S. 49.071 on Google Scholar

F.S. 49.071 on Casetext

Amendments to 49.071


Arrestable Offenses / Crimes under Fla. Stat. 49.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.071.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MARTIN, v. HACSI,, 909 So. 2d 935 (Fla. Dist. Ct. App. 2005)

. . . Section 49.071, Florida Statutes, “Sworn statement, unknown parties as defendants,” and section 49.08 . . .

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

. . . . §§ 49.031(1), 49.041(1), 49.071, Fla. Stat. (1995). . . . FNMA failed to conduct a diligent search and inquiry as required by section 49.071 by completely ignoring . . .

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). . . . Curiously, Barnett apparently proceeded under section 49.071, which states the requirements for the sworn . . . Section 49.071 mandates a diligent search for the names of interested parties. . . .