Myers v. State

Anthony Myers, a/k^a Emanuel White (Appellant) appeals from an order summarily denying his motion for post-conviction relief, and the order denying his motion for reconsideration or clarification. The trial court’s denial adopted the state’s response, which however recommended dismissing the motion without prejudice to refiling the motion with a legally sufficient oath.

Appellant’s failure to meet the oath requirement warranted a dismissal without prejudice. See Anderson v. State, 627 So.2d 1170, 1171 (Fla.1993). Accordingly, we affirm without prejudice to the appellant’s timely refiling a…