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. 49.31

49.31 Appointment of ad litem.—

(1) As used in this section, the term “ad litem” means an attorney, administrator, or guardian ad litem.

(2) The court may appoint an ad litem for any party, whether known or unknown, upon whom service of process by publication under this chapter has been properly made and who has failed to file or serve any paper in the action within the time required by law. A court may not appoint an ad litem to represent an interest for which a personal representative, guardian of property, or trustee is serving.

(a) If the court has appointed an ad litem and the ad litem discovers that a personal representative, guardian of property, or trustee is serving who represents the interest for which the ad litem was appointed, the ad litem must promptly report that finding to the court and must file a petition for discharge as to any interest for which the personal representative, guardian of property, or trustee is serving.

(b) If the court has appointed an ad litem to represent an interest and the ad litem discovers that the person whose interest he or she represents is deceased and there is no personal representative, guardian of property, or trustee to represent the decedent’s interest, the ad litem must make a reasonable attempt to locate any spouse, heir, devisee, or beneficiary of the decedent, must report to the court the name and address of all such persons whom the ad litem locates, and must petition for discharge as to any interest of the person located.

(3) The court may not require an ad litem to post a bond or designate a resident agent in order to serve as an ad litem.

(4) The court shall discharge the ad litem when the final judgment is entered or as otherwise ordered by the court.

(5) The ad litem is entitled to an award of a reasonable fee for services rendered and costs, which shall be assessed against the party requesting the appointment of the ad litem, or as otherwise ordered by the court. State funds may not be used to pay fees for services rendered by the ad litem unless state funds would have been expended for such services in the same circumstance before July 1, 2015.

(6) In all cases adjudicated in which the court appointed an ad litem, a proceeding may not be declared ineffective solely due to lack of statutory authority to appoint an ad litem.

(7) This section does not abrogate a court’s common law authority to appoint an ad litem.

History.—s. 1, ch. 2015-95.

F.S. 49.31 on Google Scholar

F.S. 49.31 on Casetext

Amendments to 49.31

Arrestable Offenses / Crimes under Fla. Stat. 49.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.31.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BLOCK ISLAND FISHING, INC. v. ROGERS, 149 F. Supp. 3d 214 (D. Mass. 2016)

. . . Whether Block Island’s calculation of $49.31 in daily maintenance during the time Rogers was living in . . .

BAUER, v. SAGINAW COUNTY,, 641 F. App'x 510 (6th Cir. 2016)

. . . Laws §§ 49.31, 49.35 (granting authority to county prosecutor to hire and fire employees at will). . . . MCL § 49.31. These employees serve at the pleasure of the Prosecutor. MCL § 49.36. . . . It would make no sense for McColgan to be authorized to appoint (§ 49.31) and terminate (§ 49.35) assistant . . .

BAUER, v. COUNTY OF SAGINAW,, 111 F. Supp. 3d 767 (E.D. Mich. 2015)

. . . Laws § 49.31, which authorizes the Prosecuting Attorney to appoint “investigating officers, clerks, stenographers . . . Laws § 49.31, which serve at the pleasure of the County Prosecuting Attorney. . . .

TECOM, INC. v. UNITED STATES,, 86 Fed. Cl. 437 (Fed. Cl. 2009)

. . . See DX 49.31 (Schedule C.2). This resulted in 2,424 hours over what Mr. . . .

In HEASLEY, Jr., 217 B.R. 82 (Bankr. N.D. Tex. 1998)

. . . unsecured creditors approximately $31,896.00 or 29.58% under a 36 month Chapter 13 plan; or $53,160.00 or 49.31% . . .

ORTIZ, v. CITY OF PHILADELPHIA OFFICE OF CITY COMMISSIONERS VOTER REGISTRATION DIVISION,, 824 F. Supp. 514 (E.D. Pa. 1993)

. . . WARDS 1-40 White Minority * WARDS 41-66 White Minority YEAR: 1985 49.40% 50.60% 68.24% 31.76% 1986 49.31 . . .

FLEXI- VAN LEASING, INC. v. PHAROS LINES, S. A., 808 F. Supp. 255 (S.D.N.Y. 1992)

. . . G95A025 25-May-89 157.50 1,159 75.02 G03A041 28-Mar-90 455.00 852 159.31 G03A091 23-Mar-90 140.00 857 49.31 . . .

HUGHSON, v. COUNTY OF ANTRIM, s G., 707 F. Supp. 304 (W.D. Mich. 1988)

. . . . § 49.31 provides: In each county of the State of Michigan, the board of supervisors of such counties . . . This process follows the procedure provided by M.C.L. § 49.31. . . .

NELSON, v. GREATER GADSDEN HOUSING AUTHORITY,, 606 F. Supp. 948 (N.D. Ala. 1985)

. . . 17.06 8.00 1979 21.21 8.00 1980 24.07 8.00 1981 27.93 8.00 1982 32.45 8.00 1983 (based upon 5 months) 49.31 . . .

DIVERSICARE CORPORATION v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 15 Fla. Supp. 2d 110 (Fla. Div. Admin. Hearings 1985)

. . . If its 36-bed addition were installed, it would charge $49.31 per day for Medicaid and Medicare patients . . .

FELDMAN, v. PHILADELPHIA NATIONAL BANK, 408 F. Supp. 24 (E.D. Pa. 1976)

. . . Section 49.31 of Title 14 of the Code of Federal Regulations deals with the applicability of the recording . . . Section 49.31 sets forth the types of documents which are eligible for recording. . . . More telling is the omission from § 49.31 of “assignment of lease,” which, had the FAA intended to include . . . parties without actual notice of the conveyance. 49 U.S.C. § 1403(c); 49 U.S.C. § 1301 (17); 14 C.F.R. § 49.31 . . .

FELDMAN, v. FIRST NATIONAL CITY BANK,, 511 F.2d 460 (2d Cir. 1975)

. . . . § 49.31. . . .

INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, v. BUTLER AVIATION INTERNATIONAL, INC., 370 F. Supp. 1012 (E.D.N.Y. 1974)

. . . . § 49.31 (1973), the court concludes that despite its lack of widespread support, defendant's view is . . . filing for recordation be valid as to all persons without further or other recordation. ft 14 CFR § 49.31 . . .

FELDMAN, v. CHASE MANHATTAN BANK, N. A., 368 F. Supp. 1327 (S.D.N.Y. 1974)

. . . . § 49.31(a) spécifically requires the recording of “a bill of sale, contract of conditional sale, assignment . . . that the airplane was leased — a conveyance for which filing is specifically required by 14 C.F.R. § 49.31 . . .

ST. FRANCIS HOSPITAL v. HELVERING, r, 125 F.2d 553 (D.C. Cir. 1942)

. . . 364 and 365 of Regulations 45 (Rev.Act of ’18). 5 Paul & Mertens, Law of Federal Taxation (1934) § 49.31 . . .

ROWLAND ET AL. RAILROAD COMMISSIONERS OF THE STATE OF ARKANSAS, v. BOYLE, ADMINISTRATOR OF BOYLE, AND THE ST. LOUIS SAN FRANCISCO RAILROAD COMPANY, 244 U.S. 106 (U.S. 1917)

. . . It gaye for the test period 51.19 per cent, to freight and 49.31 to passenger, whereas the Commission . . .

MISSOURI v. NEBRASKA NEBRASKA v. MISSOURI, 197 U.S. 577 (U.S. 1904)

. . . River set by Rummerfield for North bank of river Then correcting back at 49.31 chains the half way point . . .