§ 8. Process; Manner of Service.  


Latest version.
  • The person or persons named on the City tax assessment roll as the owner or owners of the land at the time of filing the bill shall be made parties defendant, but if the land is then assessed as unknown, the proceeding shall be against the real estate on which the lien is claimed without mentioning any person as defendant.

    Upon application of the complainant the clerk of the circuit court shall make an order of publication of notice to all persons having any interest or right, whether as owners, lien holders or otherwise in such real estate, which notice shall be addressed "To All Whom It May Concern," requiring them, on or before a rule day to be fixed by such order to appear to and answer such bill and set forth the nature of their respective interest in, right to and liens upon said real estate; which order shall be entitled with the names of the parties named in the bill and shall contain a description of the real estate and shall be published in a newspaper published in the City once a week for any four consecutive weeks prior to the rule day fixed in such order, and in all suits in which such order and publication shall be made the interests, rights and liens shall by the proceedings be affected thereby to the same extent as though they were named and duly served and had appeared as parties defendant in such suit, but should such suit be prosecuted to conclusion without the publication of such notice, the interests, rights and liens of those persons only who were named as defendants and duly served, shall be foreclosed. Such order and publication shall not avoid the necessity of service of a subpoena upon all parties named as defendant who are to be found within the jurisdiction of the court, and service upon absent defendants named in the bill shall be by publication as in other chancery cases.

    If the real estate itself be made the defendant, the service shall be made by making and publication of the order "To Whom It May Concern" herein provided, and the bill may be taken as confessed on any rule day after that to which the persons interested are by such order required to appear and answer, and* if no plea, demurrer or answer has been filed.

    (Laws of Fla. ch. 7210(1915), § 5)

    *The word "and" did not appear in the original act.