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Florida Statute 49.08 | Lawyer Caselaw & Research
F.S. 49.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 49.08

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. 49.08
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 Casetext

Amendments to 49.08


Arrestable Offenses / Crimes under Fla. Stat. 49.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BARNSDALE HOLDINGS, LLC, v. PHH MORTGAGE CORPORATION,, 170 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . This argument is contradicted by the plain language of section 49.08 of the Florida Statutes, which defines . . .

UNITED STATES v. KEY, II,, 599 F.3d 469 (5th Cir. 2010)

. . . opinion, I find myself in fundamental disagreement with their resolution of whether Texas Penal Code § 49.08 . . . Penal Code Ann. § 49.08(a). . . . Penal Code Ann. §§ 12.33(a), 49.08(b); 18 U.S.C. § 1112(b). . . . and territorial jurisdiction of the United States), 18 U.S.C. § 13 (the ACA), and Texas Penal Code § 49.08 . . . Penal Code § 49.08 (“Intoxication Manslaughter”), assimilated through the Assimilative Crimes Act, 18 . . . Penal Code § 49.08. This is essentially a strict liability offense. . . .

UNITED STATES v. GOMEZ- LEON,, 545 F.3d 777 (9th Cir. 2008)

. . . . § 49.08 (offense called "intoxication manslaughter" and requires no culpable mental state if driver . . .

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

. . . . § 49.08, Fla. Stat. (2006); see also §§ 49.09-.10, Fla. Stat. (2006). . . .

UNITED STATES v. IOVINO a k a, 405 F. Supp. 2d 771 (S.D. Tex. 2005)

. . . He pleaded guilty to the second degree felony of Intoxication Manslaughter, an offense found in § 49.08 . . .

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 . . .

UNITED STATES v. ALTIERI,, 275 F. Supp. 2d 10 (D. Me. 2003)

. . . adjudication unless the defendant is charged with an offense: (1) under Section 49.04, 49.05, 49.06, 49.07, 49.08 . . . unless: (1) the defendant is charged with an offense: (A) under Section 49.04, 49.05, 49.06, 49.07, 49.08 . . .

UNITED STATES, v. B. CARSON, Jr. U. S., 57 M.J. 410 (C.A.A.F. 2002)

. . . Singer, Sutherland Statutory Construction § 49.08 (6th ed.2000)(a statute may be interpreted in accordance . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . See section 49.08(1), Florida Statutes (1979). FORM 1.920. . . . See section 49.08(1), Florida Statutes (1979). FORM 1.921. . . .

UNITED STATES v. C. SMITH,, 103 F.3d 600 (7th Cir. 1996)

. . . the pattern jury instruction from Edward J, Devitt et al., Federal Jury Practice and Instructions § 49.08 . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . See section 49.08(1), Florida Statutes (1979). FORM 1.943. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . See section 49.08(1), Florida Statutes (1979). FORM 1.920. . . . See section 49.08(1), Florida Statutes (1979). FORM 1.921. . . .

In D. P. a k a D. B. A. F. A. F., 595 So. 2d 62 (Fla. Dist. Ct. App. 1991)

. . . supplied) The law for service of process by publication set out in Chapter 49 provides, in section 49.08 . . . of hearings in § 39.462(1), Florida Statutes (1989), and for service of process by publication in § 49.08 . . .

BROWN, By v. BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS,, 892 F.2d 851 (10th Cir. 1989)

. . . The schools and minority percentages were: Monroe (73.98%), Lafayette (61.22%), Lowman Hill (49.08), . . .

MONTANO, v. MONTANO,, 520 So. 2d 52 (Fla. Dist. Ct. App. 1988)

. . . For failure of the published notice to describe the real property as required by section 49.08(4), Florida . . .

DAVIS, v. DIEUJUSTE,, 496 So. 2d 806 (Fla. 1986)

. . . and that the notice of action made no mention of the real property at issue as required by section 49.08 . . . obtain in rem jurisdiction to distribute real property located within the state pursuant to section 49.08 . . . record is devoid of any information concerning the type of service had in the dissolution action. . § 49.08 . . .

WILLIAMSON, v. WILLIAMSON,, 478 So. 2d 850 (Fla. Dist. Ct. App. 1985)

. . . cause was defective in that it failed to describe the property proceeded against as required by section 49.08 . . .

WHIGHAM, v. WHIGHAM,, 464 So. 2d 674 (Fla. Dist. Ct. App. 1985)

. . . service of process was obtained by publication but the published notice of action required by section 49.08 . . . did not contain a description of the property sought to be proceeded against as required by section 49.08 . . .

C. MOUZON, Jr. v. L. MOUZON,, 458 So. 2d 381 (Fla. Dist. Ct. App. 1984)

. . . UCCJA exclusive except in cases of personal service of process. .See §§ 49.021(1); 49.031; 49.041; 49.08 . . .

BURTON, v. BURTON,, 448 So. 2d 1229 (Fla. Dist. Ct. App. 1984)

. . . appellant’s equitable claim against it, was described in the petition for dissolution, see section 49.08 . . .

THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . See § 49.08(1), Florida Statutes (1979). . . . See § 49.08(1), Florida Statutes (1979). . . .

CRANE CO. v. AMERICAN STANDARD, INC. Co., 88 F.R.D. 199 (S.D.N.Y. 1980)

. . . day, Standard purchased 82,400 shares of Air Brake stock on the open market at an average price of $49.08 . . .

CRANE COMPANY, v. AMERICAN STANDARD, INC. Co., 603 F.2d 244 (2d Cir. 1979)

. . . shares on the open market in cash transactions at increasing prices up to $50, with an average price of $49.08 . . .

CRANE CO. v. AMERICAN STANDARD, INC. Co., 439 F. Supp. 945 (S.D.N.Y. 1977)

. . . On that day, Standard purchased 82,400 shares on the market for cash at an average price of $49.08 while . . .

LAHR, v. O. LAHR,, 337 So. 2d 837 (Fla. Dist. Ct. App. 1976)

. . . Section 49.08(4) of the Florida Statutes requires that the notice of publication describe the realty . . .

LEAGUE OF UNITED LATIN AMERICAN CITIZENS v. CITY OF SANTA ANA, a, 410 F. Supp. 873 (C.D. Cal. 1976)

. . . Mean 1972 Short Form Test 76.10 66.15 SRA Pictorial 58.98 57.18 1973 Form 45 49.90 38.64 1974 Form 45 49.08 . . .

CRANE CO. v. AMERICAN STANDARD, INC. AMERICAN STANDARD, INC. v. CRANE CO. AMERICAN STANDARD, INC. v. J. WARD, Co., 490 F.2d 332 (2d Cir. 1973)

. . . were a series of open market cash purchases of 170,200 shares of Air Brake at an average price of $49.08 . . .

CRANE CO. v. AMERICAN STANDARD, INC., 326 F. Supp. 766 (S.D.N.Y. 1971)

. . . April 19, Standard purchased 170,000. shares of Air Brake on the open market at an average price of $49.08 . . .

M. H. v., 65 Cust. Ct. 434 (Cust. Ct. 1970)

. . . Heading 49.08 of the Brussels Nomenclature covers “Transfers (Decalcomanias) ”, and includes transfers . . . Heading 49.08 provides in part: “Transfers or decalcomanias consist of pictures, designs or lettering . . . It may nevertheless be observed that heading 49.08 of the Brussels Nomenclature requires that “the coating . . .

CRANE COMPANY, v. WESTINGHOUSE AIR BRAKE COMPANY, A. J. Jr. L. A. G. A. E. V. B. CRANE COMPANY, v. AMERICAN STANDARD, INC. Co., 419 F.2d 787 (2d Cir. 1969)

. . . ranging in size from 100 to 9700 shares, a total of 170,200 Air Brake shares, at an average price of $49.08 . . . 120.000 shares at a price of just above $44%, and purchased 170,000 shares at an average price of $49.08 . . .

In FLORIDA RULES OF CIVIL PROCEDURE, 211 So. 2d 174 (Fla. 1968)

. . . See 49.08(1) Florida Statutes, F.S.A. FORM 1.920. NOTICE OF ACTION CONSTRUCTIVE SERVICE -PROPERTY. . . . See 49.08(1) Florida Statutes, F.S.A. FORM 1.931. . . .

BANK OF KIMBALL, a v. UNITED STATES, 200 F. Supp. 638 (D.S.D. 1962)

. . . same seven parties executed and filed a partnership “Fictitious Name Certificate” as required by SDC 49.08 . . .

C. CRESSWELL, v. UNITED STATES, 173 F. Supp. 805 (Ct. Cl. 1959)

. . . cartage, June 1954 storage charges.................. 322.15 July 1954 storage and sampling............. 49.08 . . .

ROSS v. UNITED STATES, 173 F. Supp. 793 (Ct. Cl. 1959)

. . . book value of the Riggs Bank was determined to be $392.89 a share and that of the Trust Company to be $49.08 . . .

TENNEY ROSS v. THE UNITED STATES, 146 Ct. Cl. 223 (Ct. Cl. 1959)

. . . value of the Riggs Bank- was determined to be $392.89 a share and that of the Trust Company to be $49.08 . . . to be $392.89 per share and the adjusted book value of the Trust Company stock was determined to be $49.08 . . . steps taken were as follows: (a) They took the adjusted book value of the Trust Company stock 'at $49.08 . . .

GAY v. BLOCKER, 73 So. 2d 855 (Fla. 1954)

. . . age sixty, as' a pension or retirement pay, the Comptroller held that such monthly amount would be $49.08 . . . Nobody questions here the accuracy of the percentage figure of 49.08 (calculated under the terms of the . . . issue boils down to the question of whether the formula of 'the appellant, viz.: ' 1/120 of (X + Z> x 49.08 . . . ■ or the. formula of the appellee, viz.: 1/120 of (X + Y +' Z) x 49.08 shall be used in calculating . . .