RICKY LEE PALMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY LEE PALMORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
735 So. 2d 521
Florida District Court of Appeal, Second District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Ricky Lee Palmore appeals an order dismissing his motion for postconviction relief. The order states that the motion was not filed under oath or with the unno-tarized oath allowed by State v. Shearer, 628 So. 2d 1102 (Fla.1993). See Fla. R.Crim. P. 3.987. The trial court dismissed the motion without prejudice to file a proper motion, and also denied a timely motion for rehearing. Oddly, both the motion for postconviction relief and the motion for rehearing filed by Mr. Palmore contain the permissible unnotarized oath. Accordingly, we reverse and remand for further proceedings.
Reversed.
ALTENBERND, A.C.J., and WHATLEY and CASANUEVA, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004)…his unnotarized oath was added to the standard form by the supreme court in 1993. See State v. Shearer, 628 So. 2d 1102 (Fla.1993). Thus, the State’s motion was without merit. See Armey v. State, 880 So. 2d 1269 (Fla. 2d DCA 2004); Patmore v. State, 735 So. 2d 521 (Fla. 2d DCA 1999). To further complicate matters, it is well established that a motion that is actually unsworn should not be stricken, but should be dismissed without prejudice. See Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). Most trial…
Authorities Cited
- State v. Shearer, 628 So. 2d 1102 (Fla. 1993)