Opinion
No. SS-407.
December 19, 1979.
Douglas Polk, pro se.
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.