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Polk v. Crockett

379 So. 2d 368, 1979 Fla. App. LEXIS 16322
CourtDistrict Court of Appeal of Florida
DecidedDecember 19, 1979
DocketNo. SS-407
StatusPublished

This text of 379 So. 2d 368 (Polk v. Crockett) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Related

Sneed v. Mayo
66 So. 2d 865 (Supreme Court of Florida, 1953)

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Bluebook (online)
379 So. 2d 368, 1979 Fla. App. LEXIS 16322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polk-v-crockett-fladistctapp-1979.