Florida District Courts of Appeal, 1979

Polk v. Crockett

Polk v. Crockett
Florida District Courts of Appeal · Decided December 19, 1979 · Mills, Smith, Wentworth
379 So. 2d 368; 1979 Fla. App. LEXIS 16322 (Southern Reporter, Second Series)

Polk v. Crockett

Opinion of the Court

PER CURIAM.

This cause is before us upon an unsigned petition for a writ of habeas corpus. While such a petition does not require a meticulous observation of the rules of pleading, Sneed v. Mayo, 66 So.2d 865 (Fla. 1953), it is nevertheless a general rule that the petition must be verified. 39A C.J.S. Habeas Corpus § 168(c) (1976). And § 79.01, Fla.Stat., requires that such a petition shall be granted only upon “affidavit or evidence. . . ”

Accordingly, said petition is denied, without prejudice to the right of the petitioner to refile a verified petition.

MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

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