Diamond v. Diamond
536 So. 2d 1092, 13 Fla. L. Weekly 2500, 1988 Fla. App. LEXIS 4963, 1988 WL 120930
District Court of Appeal of Florida·Decided November 16, 1988·No. No. 87-3075·Published·Cited by 1 cases
Opinion
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.
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Diamond v. Diamond, 536 So. 2d 1092, 13 Fla. L. Weekly 2500, 1988 Fla. App. LEXIS 4963, 1988 WL 120930 (Fla. Ct. App. 1988).
536 So. 2d 1092 (Diamond v. Diamond) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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