HAROLD LAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Harold Lawson (appellant) appeals from an order entered November 8, 1999, in the Broward County circuit court, summarily denying his motion for postconviction relief, made pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant’s motion was procedurally defective in that it was not under oath. The trial court’s summary denial adopted the state’s response, which recommended denying the motion without prejudice to refiling a timely and properly sworn motion. The court’s denial did not address appellant’s right to refile a properly sworn motion.
Appellant’s failure to meet the oath requirement warranted a dismissal without prejudice. See Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993). Accordingly, we affirm without prejudice to the appellant’s timely refiling of a properly sworn motion. See, e.g., Steele v. State, 705 So. 2d 1058 (Fla. 4th DCA 1998); Brown v. State, 661 So. 2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So. 2d 602 (Fla.1996); Stoutamire v. State, 710 So. 2d 744 (Fla. 1st DCA 1998).
FARMER, KLEIN and HAZOURI, JJ„ concur.
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Logan v. State, 115 So. 3d 1045 (Fla. 4th DCA 2013)…PER CURIAM. We affirm without prejudice to the appellant’s right to file a properly sworn rule 3.850 motion before the two-year time limitation following the direct appeal mandate expires. See Fla. R.Crim. P. 3.850(b); [*1046] Lawson v. State, 754 So. 2d 86, 86 (Fla. 4th DCA 2000); see also Fla. R.Crim. P. 3.987 (providing two forms of the oath for use in rule 3.850 motions). MAY, C.J., STEVENSON and CIKLIN, JJ., concur.…
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Kleckley v. State, 815 So. 2d 737 (Fla. 4th DCA 2002)…ed. The affirmance is without prejudice to him refiling with the trial court, within thirty (30) days after the date of this opinion, his motion for post-conviction relief in compliance with Florida Rule of Criminal Procedure 3.987. Lawson v. State, 754 So. 2d 86 (Fla. 4th DCA 2000). FARMER, KLEIN and MAY, JJ., concur.…
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Kleckley v. State, 857 So. 2d 1009 (Fla. 4th DCA 2003)…a. 4th DCA 2002). The affirmance was without prejudice to him re-filing with the trial court, within thirty days after the date of the opinion, his motion for postconviction relief in compliance with the rule. See id. at 737 (citing Lawson v. State, 754 So. 2d 86 (Fla. 4th DCA 2000)). Kleekley claims to have timely filed the motion that was not received by the lower court. As there exists a good faith factual dispute regarding the date Kleekley filed the renewed motion, we remand for the trial court to con…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Stoutamire v. State, 710 So. 2d 744 (Fla. 1st DCA 1998)
- Staton v. Staton, 710 So. 2d 744 (Fla. 2d DCA 1998)
- State v. Harris, 661 So. 2d 95 (Fla. 4th DCA 1995)
- Brown v. State, 661 So. 2d 95 (Fla. 4th DCA 1995)
- Steele v. State, 705 So. 2d 1058 (Fla. 4th DCA 1998)