GOVONI v. STATE, 4D09-2371 (Fla.App. 4 Dist. 10-7-2009)

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.