Legal Opinion · Dissent

Richard K. Cannon, a/k/a Richard Cannon and Meryl Cannon v. U.S. Bank National Association, etc.

District Court of Appeal of Florida

Decided June 10, 2015No. 4D15-436Published

1DissentWarner, J.

I would grant the writ. Even though the motion and affidavit were based upon hearsay, the petitioners filed the required affidavits establishing the facts and circumstances as well as their fear of bias. Their attorney filed the required certificate of good faith. Thus, the motion was technically sufficient. See Barnett v. Barnett, 727 So.2d 311, 312 n. 2 (Fla. 2d DCA 1999) (“Under the current rule, the motion need only be sworn to by the party signing it. See Fla. R. Jud. Admin 2.160(c) [now 2.330]. There is no requirement that the party have personal knowledge of the facts alleged nor that…

2Cases cited3 opinions

  1. Hayslip v. DouglasDistrict Court of Appeal of Florida · 1981
  2. Barnett v. BarnettDistrict Court of Appeal of Florida · 1999
  3. Layne v. GrossmanDistrict Court of Appeal of Florida · 1983

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