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STATE v. ZIPFEL

No. 88-2199.

537 So.2d 1099 (1989)

The STATE of Florida, Appellant, v. Thomas Harold ZIPFEL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 2, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Michael S. Hacker, James C. Blecke, Miami, for appellee.

Before BARKDULL, and DANIEL S. PEARSON, JJ., and MELVIN, ORFINGER, Associate Judge.

PER CURIAM.

The state appeals a final order granting Zipfel's sworn motion to dismiss which also certifies an issue of great public importance. The certified question is:

Whether the jurat in the state's sworn traverse must be based on personal knowledge, as required of defendant's sworn motion to dismiss, pursuant to State v. Rodriguez, 523 So.2d 1141 (Fla. 1988).

We hold that the oath in the instant case...

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