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Diamond v. Diamond

District Court of Appeal of Florida, Fourth District
Nov 16, 1988
536 So. 2d 1092 (Fla. Dist. Ct. App. 1988)

Summary

reversing grant of 1.150 motion and noting that, "[t]his opinion is not rendered on the merits nor do we decide whether leave to amend the pleadings should have been permitted."

Summary of this case from Belson v. Miller

Opinion

No. 87-3075.

November 16, 1988.

Appeal from the Circuit Court, Broward County, John T. Luzzo, J.

Alexandra V. Rieman of Amlong Amlong, P.A., Fort Lauderdale, for appellant.

David F. Cooney of Conrad, Scherer James, Fort Lauderdale, for appellee.


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.

LETTS, DELL and GUNTHER, JJ., concur.


Summaries of

Diamond v. Diamond

District Court of Appeal of Florida, Fourth District
Nov 16, 1988
536 So. 2d 1092 (Fla. Dist. Ct. App. 1988)

reversing grant of 1.150 motion and noting that, "[t]his opinion is not rendered on the merits nor do we decide whether leave to amend the pleadings should have been permitted."

Summary of this case from Belson v. Miller
Case details for

Diamond v. Diamond

Case Details

Full title:HELEN DIAMOND, APPELLANT, v. MICHAEL DIAMOND, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 16, 1988

Citations

536 So. 2d 1092 (Fla. Dist. Ct. App. 1988)

Citing Cases

Furst v. Blackman

This was contrary to Rule 1.150(b). See Diamond v. Diamond, 536 So.2d 1092 (Fla. 4th DCA 1988). With the…

Belson v. Miller

Because the rule 1.150 proceedings were so flawed, we vacate the denial of the client's motion for leave to…