Florida Statute 49.8 - 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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F.S. 49.08

49.08 Notice of action, form.—On filing the sworn statement, and otherwise complying with the foregoing requirements, the plaintiff is entitled to have issued by the clerk or judge, not later than 60 days after filing the sworn statement, a notice of action which notice shall set forth:

(1) The names of the known natural defendants; the names, status and description of the corporate defendants; a description of the unknown defendants who claim by, through, under or against a known party which may be described as “all parties claiming interests by, through, under or against (name of known party)” and a description of all unknown defendants which may be described as “all parties having or claiming to have any right, title or interest in the property herein described”;

(2) The nature of the action or proceeding in short and simple terms (but neglect to do so is not jurisdictional);

(3) The name of the court in which the action or proceeding was instituted and an abbreviated title of the case;

(4) The description of real property, if any, proceeded against.

History.—s. 8, ch. 20452, 1941; s. 3, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.

Note.—Former s. 48.08.

F.S. 49.08 on Google Scholar

F.S. 49.08 on CourtListener

Amendments to 49.08

Annotations, Discussions, Cases:

Cases Citing Statute 49.08

Total Results: 15

Florida Jai Alai, Inc. v. LAKE HOWELL WATER & R. DIST.

274 So. 2d 522

Supreme Court of Florida | Filed: Feb 28, 1973 | Docket: 1676451

Cited 32 times | Published

general Constructive Notice Statute, Fla. Stat. § 49.08(4), F.S.A., and under the notice statute applicable

Davis v. Dieujuste

496 So. 2d 806, 11 Fla. L. Weekly 529

Supreme Court of Florida | Filed: Oct 16, 1986 | Docket: 2508981

Cited 22 times | Published

of the real property at issue as required by section 49.08(4), Florida Statutes (1977).[2] If that was

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

all are not served under the same notice. See section 49.08(1), Florida Statutes (1979). . . . . *1058

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

all are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.920. NOTICE

Montano v. Montano

520 So. 2d 52, 1988 WL 976

District Court of Appeal of Florida | Filed: Mar 15, 1988 | Docket: 1300164

Cited 9 times | Published

to describe the real property as required by section 49.08(4), Florida Statutes (1985), the trial court

Whigham v. Whigham

464 So. 2d 674, 10 Fla. L. Weekly 624

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1661172

Cited 8 times | Published

the published notice of action required by section 49.08, Florida Statutes, did not set forth the description

Redfield Invs. v. Village of Pinecrest

990 So. 2d 1135, 2008 WL 4057960

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1291522

Cited 5 times | Published

published in such newspapers as are permitted by law. § 49.08, Fla. Stat. (2006); see also §§ 49.09-.10, Fla

Lahr v. Lahr

337 So. 2d 837

District Court of Appeal of Florida | Filed: Sep 29, 1976 | Docket: 1414967

Cited 4 times | Published

complaint contained a description of the property. Section 49.08(4) of the Florida Statutes requires that the

Burton v. Burton

448 So. 2d 1229

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 1523110

Cited 3 times | Published

described in the petition for dissolution, see section 49.08, Florida Statutes (1981), and because the property

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

statement, unknown parties as defendants,” and section 49.08, Florida Statutes, “Notice of action, form,”

Barnsdale Holdings, LLC v. PHH Mortgage Corp.

170 So. 3d 863, 2015 Fla. App. LEXIS 10728

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674011

Published

argument is contradicted by the plain language of section 49.08 of the Florida Statutes, which defines and limits

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

all are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.920. NOTICE

In Interest of DP

595 So. 2d 62, 1991 WL 259444

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1299412

Published

publication set out in Chapter 49 provides, in section 49.08, Florida Statutes (1989), that a *64 plaintiff

Williamson v. Williamson

478 So. 2d 850, 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16551

District Court of Appeal of Florida | Filed: Nov 5, 1985 | Docket: 64615603

Published

the property proceeded against as required by section 49.08(4), Florida Statutes (1983), thereby denying

Florida Bar

391 So. 2d 165, 1980 Fla. LEXIS 4428

Supreme Court of Florida | Filed: Oct 9, 1980 | Docket: 64579206

Published

all are not served under the same notice. See § 49.08(1), Florida Statutes (1979). FORM 1.920 NOTICE