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Florida Statute 49.11 - Full Text and Legal Analysis
Florida Statute 49.11 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 49.11 Case Law from Google Scholar Google Search for Amendments to 49.11

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS
View Entire Chapter
49.11 Notice of action, posting, proof.—If there is no newspaper published in the county, three copies of the notice shall be posted at least 28 days before the return day thereof in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notices, which affidavit shall include a copy of the notice posted and the date and places of its posting.
History.—s. 11, ch. 20452, 1941; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.
Note.—Former s. 48.11.

F.S. 49.11 on Google Scholar

F.S. 49.11 on CourtListener

Amendments to 49.11


Annotations, Discussions, Cases:

Cases Citing Statute 49.11

Total Results: 72  |  Sort by: Relevance  |  Newest First

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Rafael Usatorres & Lidia Usatorres, His Wife v. Marina Mercante Nicaraguenses, S.A. D/B/A Mamenic Line, a Foreign Corp., 768 F.2d 1285 (11th Cir. 1985).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 3 Fed. R. Serv. 3d 740, 1985 U.S. App. LEXIS 21344

service may be made by publication. Fla.Stat.Ann. § 49.011 (West Supp.1985). None of the categories involve
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Florida Dept. of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006).

Cited 33 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 275, 2006 Fla. LEXIS 808, 2006 WL 1277971

(2000) (requiring personal service); see also § 49.011, Fla. Stat. (2000) (listing the actions and proceedings
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Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986).

Cited 29 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 87, 1986 Fla. LEXIS 1724

constructive service of process under Fla. Stat. § 49.011, notice having been given not only by publication
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Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978).

Cited 24 times | Published | Florida 2nd District Court of Appeal

personam tort action like the instant one. See Section 49.011, Fla. Stat. (1975). See also, e.g., Ake v.
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Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984).

Cited 20 times | Published | Florida 5th District Court of Appeal

final judgment. The court recognized that while section 49.011, Florida Statutes (1981) provides that service
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Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980).

Cited 14 times | Published | Florida 3rd District Court of Appeal

Lahr v. Lahr, 337 So.2d 837 (Fla. 2d DCA 1976); § 49.011(4), Fla. Stat. (1979). Indeed, the husband concedes
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Est. of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 1990 WL 77248

Procedure § 8-17 (1989). Subsections (2) and (5) of section 49.011, Florida Statutes (1987), provide the court
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Grissom v. Dade Cnty., 293 So. 2d 59 (Fla. 1974).

Cited 13 times | Published | Supreme Court of Florida

directed to the natural mother pursuant to Section 49.011(10) Florida Statutes F.S.A. (1971). In Dade
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Tjk v. Nb, 237 So. 2d 592 (Fla. 4th DCA 1970).

Cited 12 times | Published | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 6205

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F.S.A., enumerates
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Shepheard v. Deutsche Bank Trust Co., 922 So. 2d 340 (Fla. 5th DCA 2006).

Cited 11 times | Published | Florida 5th District Court of Appeal | 2006 WL 435697

process by publication in a foreclosure action. See § 49.011, Fla. Stat. (2003). However, it may do so only
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Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976).

Cited 9 times | Published | Florida 4th District Court of Appeal

publication was attempted in accordance with Fla. Stat. § 49.011 (1973). Respondent did not appear in the cause
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Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 1991 WL 45202

that service by publication was proper under section 49.011(2), Florida Statutes (1989). We disagree. The
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New England Rare Coin Gal. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987).

Cited 8 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1224

different actions and proceedings enumerated in Section 49.011, Florida Statutes (1985), is not available
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Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985).

Cited 8 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 624

the validity of the original final judgment. Section 49.011(4), Florida Statutes, provides for constructive
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Giron v. Ugly Mortg., Inc., 935 So. 2d 580 (Fla. 3d DCA 2006).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 12862, 2006 WL 2136670

perfected constructive service pursuant to section 49.011, Florida Statutes (2005). A Final Summary Judgment
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Mayo v. Mayo, 344 So. 2d 933 (Fla. 2d DCA 1977).

Cited 7 times | Published | Florida 2nd District Court of Appeal

petitioner in a dissolution of marriage proceeding. Section 49.011(4), Florida Statutes. A condition precedent
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Alan Restaurant Corp. v. Walder, 399 So. 2d 1128 (Fla. 4th DCA 1981).

Cited 6 times | Published | Florida 4th District Court of Appeal

personal jurisdiction over a defendant, since Section 49.011 does not authorize service of process by publication
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Drury v. Nat'l Auto Lenders, Inc., 83 So. 3d 951 (Fla. 3d DCA 2012).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832813, 2012 Fla. App. LEXIS 4065

served with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the
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Ressler v. Sena, 307 So. 2d 457 (Fla. 4th DCA 1975).

Cited 5 times | Published | Florida 4th District Court of Appeal

out-of-state landlord via publication under F.S. 49.011, Laws of 1973. The landlord's motion to quash
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Arnstein v. Arnstein, 422 So. 2d 1052 (Fla. 4th DCA 1982).

Cited 5 times | Published | Florida 4th District Court of Appeal

concerns of the special concurring opinion, Section 49.011 Florida Statutes (1981) provides that service
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Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982).

Cited 4 times | Published | Florida 5th District Court of Appeal

motion was denied and this appeal followed. *346 Section 49.011, Florida Statutes, authorizes service of process
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Gaskill v. May Bros., Inc., 372 So. 2d 98 (Fla. 2d DCA 1979).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 14618

constructive service *100 were equally ineffective. Section 49.011, Florida Statutes (1977), describes the only
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Pinebrook v. Pinebrook, 329 So. 2d 343 (Fla. 4th DCA 1976).

Cited 4 times | Published | Florida 4th District Court of Appeal

service as was had in this case. See, Fla. Stat. § 49.011(1) (1973). The cause is reversed and remanded
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Lewis v. Fifth Third Mortg. Co., 38 So. 3d 157 (Fla. 3d DCA 2010).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 1362, 2010 WL 445896

publication in a foreclosure action is permitted, see § 49.011, Fla. Stat. (2007), a mortgage *164holder may
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NCNB NAT. BK., FLA. v. Pyramid Corp., 497 So. 2d 1353 (Fla. 4th DCA 1986).

Cited 4 times | Published | Florida 4th District Court of Appeal

service upon a defendant in a foreclosure action. Section 49.011(1), Florida Statutes (1983) provides that service
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Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984).

Cited 3 times | Published | Florida 2nd District Court of Appeal

the court, service by publication is proper. See § 49.011(1), Fla. Stat. (1981). Similarly, such service
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First Home View Corp. v. Guggino, 10 So. 3d 164 (Fla. 3d DCA 2009).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 2478, 2009 WL 763551

cannot obtain personal service of process. See § 49.011, Fla. Stat. (2005). If the constructive service
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Wolf v. Indus. Guar. Bancorp, 281 So. 2d 598 (Fla. Dist. Ct. App. 1973).

Cited 2 times | Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7748

personal service or process is not required. See F.S. 49.011, F.S.A. Second, a suit against non-resident stockholders
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Meiliunas v. O'LEARY, 483 So. 2d 509 (Fla. 4th DCA 1986).

Cited 2 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 463

by publication is expressly provided for in section 49.011, Florida Statutes (1985), and the types of
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Condotel Bahamas, Ltd. v. Leavell Bahamas, Ltd., 276 So. 2d 189 (Fla. 4th DCA 1973).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 6887

one that falls within the provisions of F.S., Section 49.011, F.S.A., sanctioning constructive service of
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Commercebank, Na v. Taylor, 964 So. 2d 817 (Fla. 3d DCA 2007).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 14574, 2007 WL 2710774

on Taylor was possible by publication, under section 49.011(9), Florida Statutes (2007). Commercebank did
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Milanick v. State, 147 So. 3d 34 (Fla. 5th DCA 2014).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 7298, 2014 WL 1975652

jurisdiction under section 49.011(1), Florida Statutes. This timely appeal followed. Section 49.011, Florida Statutes
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Archer v. U.S. Bank Nat'l Ass'n, 220 So. 3d 477 (Fla. 5th DCA 2017).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2017 WL 1202683, 2017 Fla. App. LEXIS 4418

constructive service by publication under [section 49.011(1), Florida, Statutes] cannot confer a court
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Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976).

Cited 1 times | Published | Supreme Court of Florida

...The latter statute substitutes posting for publication in dissolution and certain other cases brought by indigents. When Mrs. Sheppard failed to appear in the suit, he requested a default judgment of divorce. Service of process was perfected under Sections 49.11 and 49.12, Florida Statutes (1973), by posting in three prominent places in the county of residence and by mailing a notice to Mrs....
...OVERTON, C.J., and ROBERTS, ADKINS and SUNDBERG, JJ., concur. HATCHETT, J., concurs with an opinion. BOYD, J., dissents. HATCHETT, Justice (concurring). I concur in the judgment of the Court and in the view that the posting procedure which the legislature has prescribed by Fla. Stat. § 49.11 (1973) is fully consistent with due process, in the narrow class of cases in which it is authorized by Fla....
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T. J. K. v. N. B., 237 So. 2d 592 (Fla. Dist. Ct. App. 1970).

Cited 1 times | Published | District Court of Appeal of Florida

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F. S.A., enumerates
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Amendments to Fl. Fam. Law Rules of Proc., 962 So. 2d 302 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

2007-85, section 1, Laws of Florida, amends section 49.011, Florida Statutes (2006) to allow service of
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Miami-Dade Water & Sewer Auth. v. Cormio, 388 So. 2d 1238 (Fla. 1st DCA 1980).

Cited 1 times | Published | Florida 1st District Court of Appeal

statutes placing suits in the trial court system, Section 49.011, and locating nonjudicial hearings within the
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JM v. Dep't of Child. & Families, 833 So. 2d 279 (Fla. 5th DCA 2002).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 31875064

be served by publication as provided by law. Section 49.011(13), Florida Statutes, provides for service
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Craig a. Marlowe Vs City of St. Augustine, Kevin Van Dyke, Marcy a. Van Dyke, Paul a. Leonard & Susan J. Leonard, Trs. of the Leonard Fam. Revocable Living Trust Dated 23rd January, 2007, Et Al (Fla. 5th DCA 2023).

Published | Florida 5th District Court of Appeal

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal
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Roger Quisenberry v. Douglas M. Bates (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive
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State Farm Mut. Auto. Ins. v. Fielder, 799 F.2d 656 (11th Cir. 1986).

Published | Court of Appeals for the Eleventh Circuit | 15 Collier Bankr. Cas. 2d 569, 1986 U.S. App. LEXIS 29459

...Marquette Savings and Loan Association, 686 F.2d 608, 615 (7th Cir.1982); United *661 States v. Tapert, 625 F.2d 111, 121 (6th Cir.), cert. denied, 449 U.S. 952 , 101 S.Ct. 356 , 66 L.Ed.2d 216 and 449 U.S. 1034 , 101 S.Ct. 610 , 66 L.Ed.2d 496 (1980); C. Sand, Sutherland Statutory Construction § 49.11 at 414-15 (N....
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Clark v. Realty Inv. Ctr., Inc., 252 So. 2d 589 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6042

individual defendants was by publication under § 49.011 Fla.Stat., F.S.A. Their-motion challenging jurisdiction
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Inganamort v. Rostano, 767 So. 2d 603 (Fla. 4th DCA 2000).

Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11683, 2000 WL 1283862

was improperly served by publication. Fla. Stat. § 49.011; Alan Restaurant Corp. v. Walder, 399 So.2d 1128
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Brown v. Cowell, 19 So. 3d 1171 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15778, 2009 WL 3349659

to serve process by publication pursuant to section 49.011, Florida Statutes (2008). The trial court,
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Williamson v. Williamson, 478 So. 2d 850 (Fla. 3d DCA 1985).

Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16551

Gelkop, 384 So.2d 195 (Fla. 3d DCA 1980), section 49.011(4), Florida Statutes (1983) and 2) the notice
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Demir v. Schollmeier, 273 So. 3d 59 (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

constructively served defendant by publication under section 49.011. However, and as plaintiff commendably concedes
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Rafael Benavente & Clara E. Benavente v. Ocean Vill. Prop. Owners Assoc., Inc., 260 So. 3d 313 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

204 So. 3d 512, 515 (Fla. 4th DCA 2016); accord § 49.011, Fla. Stat. (2017); § 49.021, Fla. Stat. (2017);
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Tompkins v. Barnett Bank of St. Johns Cnty., 478 So. 2d 878 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

mailing to the Hastings residence was returned. Section 49.011(1), Florida Statutes (1983), provides that
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Campbell v. Landmark First Nat'l Bank of Ft. Lauderdale, 421 So. 2d 813 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22110

require an accounting. We affirm the order. See section 49.011, Florida Statutes (1979), and Gribbel v. Henderson
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Kopecky v. Kopecka, 967 So. 2d 1109 (Fla. 4th DCA 2007).

Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 18148, 2007 WL 3355576

422 So.2d 1052, 1053 (Fla. 4th DCA 1982). Section 49.011(4), Florida Statutes (2007), provides that
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Neil Agustus Cuff v. Robert Thirston, I I (Fla. 6th DCA 2024).

Published | Florida 6th District Court of Appeal

could not have properly granted such a request. Section 49.011, Florida Statutes (2022), permits service
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Cook v. Cook, 524 So. 2d 1100 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1114, 1988 Fla. App. LEXIS 1943, 1988 WL 43401

process on appellant was by publication pursuant to § 49.011(4), Florida Statutes (1985). In his petition,
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Kinarti v. Kinarti, 711 So. 2d 139 (Fla. 3d DCA 1998).

Published | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 4877, 1998 WL 219825

of process by publication was improper under Section 49.011, Florida Statutes (1997).3 That portion of
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Gross v. Fid. Fed. Sav. Bank of Florida, 579 So. 2d 846 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4430, 1991 WL 76529

(assuming the case is one of the kinds described in section 49.011) only when personal service cannot be effected
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Miller v. Partin, 31 So. 3d 224 (Fla. 5th DCA 2010).

Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3378, 2010 WL 837863

publication may be utilized in any case allowed by section 49.011 upon any party, natural or corporation, known
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Koslow v. Rifkin, 359 So. 2d 1197 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16142

this state as our own statutes so provide. See Section 49.011(4), Florida Statutes (1975). For their second
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Thomas v. Lane, 348 So. 2d 408 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16322

amenable to service by publication pursuant to Section 49.011, Florida Statutes (1975). They further moved
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Isnord v. Isnord, 222 So. 3d 602 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 10447, 2017 WL 3085333

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.
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Sadrac Isnord v. Laurens Magloire Isnord (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.
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Craig a. Marlowe Vs City of St. Augustine, Kevin Van Dyke, Marcy a. Van Dyke, Paul a. Leonard & Susan J. Leonard, Trs. of the Leonard Fam. Revocable Living Trust Dated 23rd January, 2007, Et Al (Fla. 5th DCA 2023).

Published | Florida 5th District Court of Appeal

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal
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Peysina v. Deutsche Bank Nat'l Trust Co., 118 So. 3d 237 (Fla. 3d DCA 2013).

Published | Florida 3rd District Court of Appeal | 2013 WL 3455747, 2013 Fla. App. LEXIS 10986

obtained and only in the kinds of cases listed in section 49.011, Florida Statutes.” Giron v. Ugly Mortg., Inc
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Shannon v. Great S. Equip. Co., 326 So. 2d 19 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14223

perfected constructive process against him pursuant to § 49.011, F.S.1973. Personal service of the writ of garnishment
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Drucker v. Fernandez, 288 So. 2d 283 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida

service by publication on the defendant. See F.S. § 49.-011, F.S.A. Cf. deMoya v. dePena, Fla.App.1963, 148
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Helbig v. Schneider, 686 So. 2d 742 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 93, 1997 WL 7133

(provided the case is one of those enumerated in section 49.011) only when personal service cannot be effected
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Baker v. Off. of the Treasurer, Dep't of Ins., 575 So. 2d 727 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1729, 1991 WL 27187

So.2d 1225, 1227 (Fla.1986). When construing section 49.011, et. seq., which provides for service of process
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Roger Quisenberry v. Douglas M. Bates (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive
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Scott-Lubin v. Lubin, 49 So. 3d 838 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18812, 2010 WL 4962879

Dieujuste, 496 So.2d 806, 808 (Fla.1986); see also § 49.011(4), Fla. Stat. (2006) (permitting service by publication
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In re Amendments to the Florida Fam. Law Rules of Procedure, 724 So. 2d 1159 (Fla. 1998).

Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 615, 1998 Fla. LEXIS 2210, 1998 WL 831348

publication when a spouse cannot be located. Under section 49.011, Florida Statutes (1997), service by publication
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Estela v. Cavalcanti, 76 So. 3d 1054 (Fla. 3d DCA 2011).

Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 20460, 2011 WL 6372943

(provided the case is one of the kinds listed in section 49.011, Florida Statutes (2010)) is only permitted
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Hudson v. Pioneer Fed. Sav. & Loan Ass'n, 516 So. 2d 339 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2877, 1987 Fla. App. LEXIS 11584, 1987 WL 2667

defendant before resorting to constructive service. Section 49.011, Florida Statutes (1983). The standard of diligence
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Josh Metnick v. Right of the Dot, LLC (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

because service of process by publication under section 49.011, Florida Statutes (2021), is not authorized
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Ferrer v. Sanchez, 247 So. 2d 512 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6698

publication. That argument is without merit. Section 49.011, Fla.Stat., F.S.A. provides for service by

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