Govoni v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 HAROLD GOVONI, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D09-2371 [October 7, 2009] ON MOTION FOR CLARIFICATION PER CURIAM. We grant petitioner s motion for clarification and amend our opinion only to note that although Govoni s motion was not sworn to as required by Rule 3.190(c), the trial court obviated the need to provide a sworn motion by acknowledging that the motion would be denied in any event because the State s traverse placed essential material facts in dispute. GROSS, C.J., HAZOURI and DAMOORGIAN, JJ., concur. * * * Petition for writ of prohibition to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jonathan D. Gerber, Judge; L.T. Case No. 2008CF005204. Paul Morris of Law Offices of Paul Morris, P.A., Miami, and William D. Matthewman of Seiden, Alder, Matthewman & Bloch, P.A., Coral Springs, for petitioner. No appearance required for respondent.

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