Florida District Courts of Appeal, 2003

Katwaroo v. State

Florida District Courts of Appeal · Decided February 21, 2003 · Orfinger, Sawaya, Torpy

837 So. 2d 612; 2003 Fla. App. LEXIS 1936; 2003 WL 366123 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Smith v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court’s order dismissing defendant’s rule 3.850 motion is affirmed without prejudice to defendant filing a timely motion with either a sworn oath or a declaration. See, e.g., Creel v. State, 769 So.2d 450 (Fla. 4th DCA 2000) (affirming summary denial of postconviction motion that failed to include a proper oath; affirmance *613without prejudice to defendant filing properly sworn motion).

AFFIRMED.

SAWAYA, ORFINGER and TORPY, JJ., concur.

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