CYNTHIA BROWN, PETITIONER,
v.
ANDREW BROWN, N/K/A ANDREW JACKSON, RESPONDENT
CYNTHIA BROWN, PETITIONER,
ANDREW BROWN, N/K/A ANDREW JACKSON, RESPONDENT
580 So. 2d 624
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BARFIELD, Judge.
The petition for certiorari is granted, the trial court’s order is quashed, and the case is remanded for further proceedings. Miller v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989); State, Department of Health and Rehabilitative Services Office of Child Support Enforcement v. Wright, 498 So. 2d 1008 (Fla. 2d DCA 1986); Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981).
NIMMONS and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)…6). We agree, however, that the trial court’s order of dismissal should have been with leave to file an amended motion conforming to the requirements of rule 3.850(c). See Brown; Burns v. State, 651 So. 2d 813 (Fla. 5th DCA 1995); Williams v. State, 580 So. 2d 624 (Fla. 1st DCA 1991). Accordingly, we affirm the trial court’s order of dismissal. Because the allegations contained in appellant’s motion are otherwise legally sufficient, our affirmance is without prejudice to appellant’s refiling his motion for…
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Black v. State, 610 So. 2d 89 (Fla. 1st DCA 1992)…al would be necessary given the trial court’s failure to attach this critical portion of the record, we must affirm the summary denial due to the insufficiency of the unsworn motion. See Scott v. State, 464 So. 2d 1171 (Fla.1985); Williams v. State, 580 So. 2d 624 (Fla. 1st DCA 1991); Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992). Accordingly, we affirm the denial of appellant’s motion without prejudice to the filing of a properly sworn motion. [*90] BOOTH and MINER, JJ., concur. BARFIELD, J., concurs…
Authorities Cited
- Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981)
- Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)
- State v. Wright, 498 So. 2d 1008 (Fla. 2d DCA 1986)