Polk v. Crockett

District Court of Appeal of Florida

Polk v. Crockett

379 So. 2d 368, 1979 Fla. App. LEXIS 16322

District Court of Appeal of Florida·Decided December 19, 1979·No. No. SS-407·Published

Opinion

PER CURIAM.

This cause is before us upon an unsigned petition for a writ of habeas corpus. While such a petition does not require a meticulous observation of the rules of pleading, Sneed v. Mayo, 66 So.2d 865 (Fla.1953), it is nevertheless a general rule that the petition must be verified. 39A C.J.S. Habeas Corpus § 168(c) (1976). And § 79.01, Fla.Stat., requires that such a petition shall be granted only upon “affidavit or evidence. . . ”

Accordingly, said petition is denied, without prejudice to the right of the petitioner to refile a verified petition.

MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

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PER CURIAM.

This cause is before us upon an unsigned petition for a writ of habeas corpus. While such a petition does not require a meticulous observation of the rules of pleading, Sneed v. Mayo, 66 So.2d 865 (Fla.1953), it is nevertheless a general rule that the petition must be verified. 39A C.J.S. Habeas Corpus § 168(c) (1976). And § 79.01, Fla.Stat., requires that such a petition shall be granted only upon “affidavit or evidence. . . ”

Accordingly, said petition is denied, without prejudice to the right of the petitioner to refile a verified petition.

MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

Polk v. Crockett, 379 So. 2d 368, 1979 Fla. App. LEXIS 16322 (Fla. Ct. App. 1979).

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