Florida Florida Statutes
§ 49.031 — Sworn statement as condition precedent
FS § 49.031Ch. 49
Statute text
View on source(1)As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff's agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.
(2)As used in this chapter:(a) The word “plaintiff” means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means.
(b)The word “defendant” means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action.
(c)The word “publication” includes the posting of the notice of action alaiming by, through, under, or against any named corporation or legal entity;
(3)Any group, firm, entity, or persons who operate or do business, or have operated or done business, in this state, under a name or title which includes the word “corporation,” “company,” “incorporated,” “inc.,” or any combination thereof, or under a name or title which indicates, tends to indicate or leads one to think that the same may be a corporation or other legal entity; and
(4)All claimants under any of such parties. Unknown parties may be proceeded against exclusively or together with other parties.
Legislative history
s. 2, ch. 20452, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-254; s. 6, ch. 93-250.