MARIE BENNETT, APPELLANT,
v.
NANETTE JEPSON, APPELLEE

Fla. 4th DCA | 1986-02-05
No. 85-2120
HERSEY, C.J., and ANSTEAD, J., concur., GLICKSTEIN, J., dissents with opinion.
482 So. 2d 570 Florida District Court of Appeal, Fourth District (1986) Negative Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur. GLICKSTEIN, J., dissents with opinion.

Dissent
GLICKSTEIN, Judge,

GLICKSTEIN, Judge, dissenting. This is an appeal of a temporary restraining order and preliminary injunction. I would reverse for one reason not raised by any party and three reasons that were raised by appellant. The former, raised by no one, is the absence of verification of the complaint, which was signed by the plaintiffs lawyer. The so-called verification reads as follows: VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD SS: I,NANETTE JEPSON, am the Plaintiff in the foregoing Complaint, I have read the foregoing Complaint for Specific Performance, know the contents thereof, and it is true and correct in all of its allegations to the best of my knowledge and belief. DATED this 28 day of August, 1985. /s/ Nanette M. Jepson NANETTE JEPSON, Plaintiff SWORN TO AND SUBSCRIBED in the County and State last aforesaid this 28 day of August, 1985. NOTARY PUBLIC A “qualified” affidavit is no affidavit at all. Hahn v. Frederick, 66 So. 2d 823 (Fla.1953); Hall v. Byington, 421 So. 2d 817, 818 (Fla. 4th DCA 1982).

The latter, raised by appellant are: 1. The movant’s attorney did not certify in writing any efforts that had been made to give notice, or set forth the reasons why notice should not be required.

2.

The trial court failed to require a bond of the movant.

3.

The trial court failed to specify the reasons for which the temporary restraining order was entered, as required by Florida Rule of Civil Procedure 1.610(c).


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  • …Id. at 54. The oath administered to or the affirmation made by witnesses who offer their testimony is not “to the best of their knowledge and belief.” This writer has previously expressed the following opinion, while dissenting in Bennett v. Jepson, 482 So. 2d 570 (Fla. 4th DCA 1986): A “qualified” affidavit is no affidavit at all. Hahn v. Frederick, 66 So. 2d 823 (Fla.1953); Hall v. Byington, 421 So. 2d 817, 818 (Fla. 4th DCA 1982). Id. at 571. If the majority in this case consider the what-you-may-call-i…

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