Opinion
No. 98-2934
October 1, 1998
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. No. 96-22505CF10A.
Michael Mengore, Fort Lauderdale, pro se.
No appearance required for appellee.
Appellant Michael David Mengore appeals a trial court order denying his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. His motion was properly verified, but the factual allegations in his memorandum of law contained a defective verification clause in which he said that the statements were "true and correct to the best of my knowledge and belief." See Scott v. State, 464 So.2d 1171 (Fla. 1985); Hahn v. Frederick, 66 So.2d 823 (Fla. 1953).
Accordingly, we affirm the trial court's denial of post-conviction relief. This disposition is without prejudice to appellant's right to timely resubmit the motion and memorandum with a proper oath.
GUNTHER, POLEN and TAYLOR, JJ., concur.