Florida District Courts of Appeal, 1988

Diamond v. Diamond

Diamond v. Diamond
Florida District Courts of Appeal · Decided November 16, 1988 · Dell, Gunther, Letts
536 So. 2d 1092; 13 Fla. L. Weekly 2500; 1988 Fla. App. LEXIS 4963; 1988 WL 120930 (Southern Reporter, Second Series)

Diamond v. Diamond

Opinion of the Court

PER CURIAM.

When a sham pleading is filed in a civil case, under Florida Rule of Civil Procedure 1.150(b), the rule provides that any appropriate motion to strike “shall be verified.” The instant motion was never verified nor was it accompanied by an affidavit.

We, therefore, on purely technical grounds, have no alternative but to reverse the order granting the motion. This opinion is not rendered on the merits nor do we decide whether leave to amend the pleadings should have been permitted.

REVERSED AND REMANDED.

LETTS, DELL and GUNTHER, JJ., concur.

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