NEIL LENWOOD FERRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-09-04
No. 2D02-3080
DAVIS and COVINGTON, JJ., Concur.
825 So. 2d 498 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 4 cases
Opinion of the Court
KELLY, Judge.

[*499] KELLY, Judge.

Neil Lenwood Ferrell appeals from an order dismissing his motion and amended motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.850. The trial court correctly found that Ferrell’s motions were not properly sworn. See State v. Shearer, 628 So. 2d 1102 (Fla.1993). Accordingly, we affirm the trial court’s order but do so without prejudice to Ferrell’s refiling of the motion with the proper oath.

DAVIS and COVINGTON, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Welch v. State, 946 So. 2d 649 (Fla. 2d DCA 2007)
    …03 (Fla. 1993). However, Welch did not sign the oath. Because Welch’s rule 3.850 motion was not properly sworn, the postconviction court should have dismissed it without prejudice to Welch timely filing a properly sworn motion. See Ferrell v. State, 825 So. 2d 498, 499 (Fla. 2d DCA 2002). Accordingly, we reverse the postconviction court’s order and remand for dismissal of Welch’s rule 3.850 motion without prejudice to Welch timely filing a verified rule 3.850 motion. If the postconviction court again denies…
  • Harris v. State, 918 So. 2d 450 (Fla. 4th DCA 2006)
    …ctly recognized Appellant’s motion did not include a proper oath. State v. Shearer, 628 So. 2d 1102 (Fla.1993). We remand, however, with leave to re-file the motion with the proper oath. Nelson v. State, 875 So. 2d 579 (Fla. 2004); Ferrell v. State, 825 So. 2d 498 (Fla. 2d DCA 2002). STONE, KLEIN and TAYLOR, JJ., concur.…

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