STACEY MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STACEY MOORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
937 So. 2d 775
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court’s order summarily denying appellant’s motion for post-conviction relief without prejudice is affirmed. Although the supplement to the motion for post-conviction relief contains a proper oath, the oath appended to the original motion is legally insufficient. Thus, the trial court properly denied appellant’s motion without prejudice to the filing of a duly sworn motion. See generally Scott v. State, 464 So. 2d 1171 (Fla.1985); Hundley v. State, 929 So. 2d 1087 (Fla. 4th DCA 2006).
STEVENSON, C.J., GUNTHER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cintron v. King, 961 So. 2d 1010 (Fla. 4th DCA 2007)…usband’s special equity. See Landay v. Landay, 429 So. 2d 1197, 1199 (Fla.1983). “Landay mandates the formula to be used where non-marital assets are used by a spouse as a portion of the consideration for the entireties’ property.” Whalen v. Whalen, 937 So. 2d 775, 776 (Fla. 4th DCA 2006). “[I]n addition to that spouse’s automatic one-half share, the contributing spouse acquires a special equity in the property equal to one-half the ratio which that spouse’s contribution bears to the entire consideration.” La…
-
Henderson v. Henderson, 967 So. 2d 1118 (Fla. 4th DCA 2007)…anday, 429 So. 2d at 1200. “In other words, the starting place is a fifty/fifty split or automatic half interest. The formula is then used to ‘carve out from the other spouse’s interest in the property his or her special equity.’ ” Whalen v. Whalen, 937 So. 2d 775, 776 (Fla. 4th DCA 2006) (quoting Landay, 429 So. 2d at 1200). In algebraic terms, the Landay special equity formula is: (.5) (down payment/purchase price) = special equity percentage Applying the Landay formula to this case, the former husband’s…
Authorities Cited
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)
- Stevens v. State, 929 So. 2d 1087 (Fla. 1st DCA 2006)
- Catlin v. State, 929 So. 2d 1087 (Fla. 4th DCA 2006)