A key point every attorney should remember is that an attorney’s unsworn statements of fact do not establish a fact.  See Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4^th DCA 1982); Arnold v. Arnold, 889 So. 2d 215 (Fla. 2d DCA 2004); H.K. Development, LLC v. Greer, 32 So. 3d 178 n 4 (Fla. 1^st DCA 2010).  It is not evidence. See Smith v. Smith, 64 So. 3d 169 (Fla. 4^th DCA 2011)(“As we have explained, we reject the use of unsworn assertions made by attorneys as evidence.”).  A trial court “cannot rely upon these unsworn statements of fact as the basis for the trial court’s factual determinations… [ and the appellate court] cannot so consider them on review of the record.” See Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4^th DCA 1982).

For instance, in Brown v. School Bd. of Palm Beach County, 855 So. 2d 1267 (Fla. 4^th DCA 2003), the trial court erred by relying on the unsworn statements of counsel in makings its decision and thus, the appellate court reversed the trial court’s decision and remanded for further proceedings.  In order to establish a fact, the attorney should provide sworn testimony through a witness or a stipulation to which his opponent agrees.  See Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4^th DCA 1982); Brown, 855 So. 2d at 1269-1270.