Service of process by publication may be made in any court on any party identified in s. 49.021 in any action or proceeding:

(1) To enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.
(2) To quiet title or remove any encumbrance, lien, or cloud on the title to any real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.
(3) To partition real or personal property within the jurisdiction of the court.
(4) For dissolution or annulment of marriage.
(5) For the construction of any will, deed, contract, or other written instrument and for a judicial declaration or enforcement of any legal or equitable right, title, claim, lien, or interest thereunder.
(6) To reestablish a lost instrument or record which has or should have its situs within the jurisdiction of the court.
(7) In which a writ of replevin, garnishment, or attachment has been issued and executed.
(8) In which any other writ or process has been issued and executed which places any property, fund, or debt in the custody of a court.
(9) To revive a judgment by motion or scire facias.
(10) For adoption.
(11) In which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.
(12) In probate or guardianship proceedings in which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.
(13) For termination of parental rights pursuant to part VIII of chapter 39 or chapter 63.
(14) For temporary custody of a minor child, under chapter 751.
(15) To determine paternity, but only as to:

(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father; or

Terms Used In Florida Statutes 49.011

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • publication: includes the posting of the notice of action as provided for in ss. See Florida Statutes 49.031
  • Service of process: The service of writs or summonses to the appropriate party.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The legal mother when there is no legal father.
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