JUAN L. NAYA, APPELLANT,

v.

YOLANDA NAYA, APPELLEE

Citator

Cited By

• Carver v. State, 376 So. 2d 899 (Fla. 2d DCA 1979)
  …motion. Although the allegations raised by the appellant appear to raise a legally meritorious point, we cannot consider the merits of the appellant’s arguments because his motion was not under oath as required by Rule 3.850. Under Monroe v. State, 371 So. 2d 683 (Fla.2d DCA 1979), we must vacate the trial judge’s order disposing of the motion. Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion. GRIMES, C. J., a…
• Clouthier v. State, 375 So. 2d 874 (Fla. 2d DCA 1979)
  …r oath.” We believe this requirement to be an absolute prerequisite to the trial court’s consideration of any such motion as it is the only effective way to prevent the use of false allegations in motions for post-conviction relief. Monroe v. State, 371 So. 2d 683 (Fla.2d DCA 1979). Accordingly, we remand this case to the trial court with instructions to deny the motion without prejudice to the appellant to file a sworn motion. HOBSON, Acting C. J., and OTT, J., concur.…
• Bostrom v. State, 447 So. 2d 252 (Fla. 2d DCA 1983)
  …PER CURIAM. Dismissed. Monroe v. State, 371 So. 2d 683 (Fla.2d DCA 1979). HOBSON, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.…

Authorities Cited

• Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977)
• Ellynn Josephs v. Josephs, 357 So. 2d 206 (Fla. 3d DCA 1978)