SUSAN SCOTT PENENORI, APPELLANT,

v.

GEORGE PENENORI, APPELLEE

Citator

Cited By

• State v. Javares Williams, 10 So. 3d 1172 (Fla. 3d DCA 2009)
  …Review of the “sworn” motion to dismiss reflects that it is not sworn to, and was therefore fatally deficient as a matter of law. While the defendant may rely on a sworn affidavit in his recitation of the “undisputed facts,” see State v. Betancourt, 616 So. 2d 82 (Fla. 3d DCA 1993), because the affidavit relied upon in the instant case does not establish that the object used was not a deadly weapon, the motion alleging that “undisputed” fact must be sworn to by the defendant or his attorney. The purpose of t…
• State v. Davis, 890 So. 2d 1242 (Fla. 4th DCA 2005)
  …his own admission that he had taken less than $300 on one occasion. He also set forth the deposition testimony of the victim and investigating officer in his motion to dismiss, as well as attached copies of their depositions. As State v. Betancourt, 616 So. 2d 82 (Fla. 3d DCA 1993), explains with respect to the use of other testimony to support a motion to dismiss, “[T]he purpose of the rule is to subject those having personal knowledge of the facts recited to the penalties of perjury. This objective is met…

Authorities Cited

• Brown v. Brown, 315 So. 2d 15 (Fla. 3d DCA 1975)
• In re the Marriage OF James M. Johnson, 352 So. 2d 140 (Fla. 1st DCA 1977)