JOSEPH MINIELLI, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Trucap Grantor Tr. 2010-1 v. Pelt, 84 So. 3d 369 (Fla. 2d DCA 2012)
  …n information or belief is permitted by law, in which case the words ‘to the best of my knowledge and belief may be added.” Section 92.525(4)(b) defines “document” to include any “pleading[ ] or paper.” See also Muss v. Lennar Fla. Partners I, L.P., 673 So. 2d 84, 85 (Fla. 4th DCA 1996) (“The term document includes pleadings.”). A complaint is a pleading, see Garcia v. Stewart, 906 So. 2d 1117, 1123 (Fla. 4th DCA 2005), as well as a document. Thus, because rule 1.110(b) specifically provides for a verificat…
• Ballinger v. BAY Gulf Credit Union, 51 So. 3d 528 (Fla. 2d DCA 2010)
  …fy to the matters stated therein.” A verification which is improperly based on information and belief is insufficient to entitle the verifying party to relief because the verification is qualified in nature. See Muss v. Lennar Fla. Partners I, L.P., 673 So. 2d 84, 85 (Fla. 4th DCA 1996); Barton v. Circuit Court of the Nineteenth Judicial Circuit, 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995); Thompson v. Citizens Nat’l Bank of Leesburg, Fla., 433 So. 2d 32, 33 (Fla. 5th DCA 1983). In this case, the verificatio…
• Kephart v. Kearney, 826 So. 2d 517 (Fla. 4th DCA 2002)
  …dence to be obtained. ...” Art. I, § 12, Fla. Const, (emphasis added). . Such qualification is sufficient only when verification on information or belief is permitted by law. See § 92.525(2), Fla. Stat. (2001); Muss v. Lennar Fla. Partners I, L.P., 673 So. 2d 84 (Fla. 4th DCA 1996). There is nothing in sections 394.910-931 which requires any verification, so there is understandably no language permitting an oath in this form.…

Authorities Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. 1984)