HELEN DIAMOND, APPELLANT,
v.
MICHAEL DIAMOND, APPELLEE
HELEN DIAMOND, APPELLANT,
MICHAEL DIAMOND, APPELLEE
536 So. 2d 1092
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
When a sham pleading is filed in a civil case, under Florida Rule of Civil Procedure 1.150(b), the rule provides that any appropriate motion to strike “shall be verified.” The instant motion was never verified nor was it accompanied by an affidavit.
We, therefore, on purely technical grounds, have no alternative but to reverse the order granting the motion. This opinion is not rendered on the merits nor do we decide whether leave to amend the pleadings should have been permitted.
REVERSED AND REMANDED.
LETTS, DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Furst v. Blackman, 744 So. 2d 1222 (Fla. 4th DCA 1999)…nds asserted in the motion.1 [*1224] Numerous procedural deficiencies require reversal. Neither the original motion to strike nor the last paragraph of the motion to dismiss were verified. This was contrary to Rule 1.150(b). See Diamond v. Diamond, 536 So. 2d 1092 (Fla. 4th DCA 1988). With the motion to strike, the defendants included an affidavit of Alan Blackman that had been prepared in conjunction with a motion for summary judgment; however, this does not cure the procedural defect, since Rule 1.150(b) re…
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Magela Belson v. Miller, 314 So. 3d 525 (Fla. 3d DCA 2020)…mendment. Because the rule 1.150 proceedings were so flawed, we vacate the denial of the client’s motion for leave to amend without reaching its merits and expressing no view of how the trial court should rule on remand. Compare Diamond v. Diamond, 536 So. 2d 1092, 1092 (Fla. 4th DCA 1988) (reversing grant of 1.150 motion and noting that, “[t]his opinion is not rendered on the merits nor do we decide whether leave to amend the pleadings should have been permitted.”), with Motyczka v. Hall, 706 So. 2d 959, 959…