Florida District Courts of Appeal, 1987

Vogel v. Ferris

Vogel v. Ferris
Florida District Courts of Appeal · Decided October 14, 1987 · Dell, Hersey, Letts
513 So. 2d 1100; 12 Fla. L. Weekly 2411; 1987 Fla. App. LEXIS 10585 (Southern Reporter, Second Series)

Vogel v. Ferris

Opinion of the Court

PER CURIAM.

Petitioner David Vogel files this petition for writ of mandamus or habeas corpus, which we treat as an appeal pursuant to Florida Rule of Appellate Procedure 9.140(g), from an order by the Broward Circuit Court summarily denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850.

The motion for post-conviction relief did not contain the oath required under the rule. The trial court apparently entered two orders denying the motion. The first order denied the motion on its merits, the second order denied the motion for lack of proper verification. Despite this apparently inadvertent duplication of effort, the trial court properly denied the motion since it lacked the required oath. Scott v. State, 464 So.2d 1171 (Fla. 1985). We affirm without prejudice to petitioner’s right to file a sworn motion.

AFFIRMED.

HERSEY, C.J., and LETTS and DELL, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.