CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...r. In the notice of action, the court was required to fix a date by which the defendants were to file their written defenses. Such date is to be not less than twenty-eight nor more than sixty days after the first publication of the notice of action. § 49.09, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 31875064
...and placed in the custody of the Department of Children and Families in December 1998. On March 6, 2002, the Department filed a petition to terminate J.M.'s parental rights to these children. Because the Department failed to properly and timely serve J.M. with service of process through publication as required by section 49.09, we reverse and remand for further proceedings....
...s upon whom personal service of process cannot be affected shall be served by publication as provided by law. Section
49.011(13), Florida Statutes, provides for service of process by publication in termination of parental rights cases. Specifically, section
49.09 provides for the notice and return day: The notice of action ......
...sufficient. With regard to what constitutes constructive service on a missing parent, rule 8.505(c) requires publication "as provided by law," and section
39.801(3) requires service of process as specified by law or civil actions. Both refer back to section
49.09, which as quoted above, mandates the first notice be filed not less than 28 days before the served party is required to respond....
CopyPublished | Florida 1st District Court of Appeal | 1991 WL 259444
...ntitled to have issued a "notice of action" which shall set forth, among other things, the names of the defendants, the nature of the action or proceeding, and the name of the court in which the action or proceeding has been instituted. According to section 49.09, the notice of action: shall require defendant to file his written defenses with the clerk of the court and to serve a copy not later than the date fixed in said notice, which date shall be not less than 28 nor more than 60 days after t...
...swer to the petition, the parents' last opportunity to deny the allegations in a petition for termination is at the termination hearing itself. Section 39.463, Florida Statutes. We therefore find it appropriate to apply the 28-day minimum set out in section 49.09 to require publication of the notice of hearing no less than 28 days prior to the termination hearing, thereby assuring that the parents have had time to contact their attorneys and to prepare for the hearing....
...We remanded for the parents to be given a second opportunity to appear at a termination hearing, in compliance with the requirements for notice of hearings in § 39.462(1), Florida Statutes (1989), and for service of process by publication in §
49.08, §
49.09, and §
49.10, Fla. Stat. As to the notice requirements prior to a termination hearing, our prior opinion states: We therefore find it appropriate to apply the 28-day minimum set out in section
49.09 to require publication of the notice *65 of hearing no less than 28 days prior to the termination hearing, thereby assuring that the parents have had time to contact their attorneys and to prepare for the hearing....
...In the motion for clarification filed by the appellee, State of Florida, Department of Health and Rehabilitative Services, we are urged to clarify whether the underscored quoted reference to "publication" refers to the "first publication," as the term is used in §
49.09, Fla. Stat., or to the completed publication process, which is "four consecutive weeks," pursuant to §
49.10, Fla. Stat. We clarify our prior opinion and state that the 28-day minimum set out in §
49.09 requires first publication of the notice of hearing no less than 28 days prior to the termination hearing....
