Florida District Courts of Appeal, 2006

Moore v. State

Florida District Courts of Appeal · Decided September 13, 2006 · Gunther, Klein, Stevenson

937 So. 2d 775; 2006 Fla. App. LEXIS 15154; 2006 WL 2612738 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Whalen v. Whalen (Fla. Dist. Ct. App. 2006)

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 summarily denying appellant’s motion for post-conviction relief without prejudice is affirmed. Although the supplement to the motion for post-conviction relief contains a proper oath, the oath appended to the original motion is legally insufficient. Thus, the trial court properly denied appellant’s motion without prejudice to the filing of a duly sworn motion. See generally Scott v. State, 464 So.2d 1171 (Fla. 1985); Hundley v. State, 929 So.2d 1087 (Fla. 4th DCA 2006).

STEVENSON, C.J., GUNTHER and KLEIN, JJ., concur.

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