SYLVINA JUSTE, APPELLANT,

v.

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Everett v. State, 535 So. 2d 667 (Fla. 2d DCA 1988)
  …he motion to suppress); see also Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), affirmed, 392 So. 2d 1324 (Fla.1981) (Brown does not foreclose a stipulation-that question associated with confession can be dispositive); but see Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986) (in absence of stipulation that issue would be dispositive, appellate court will not imply dispositiveness from trial court’s statement that issue was reserved for appeal). Before turning to the two issues we have concluded to r…
• White v. State, 830 So. 2d 944 (Fla. 4th DCA 2002)
  …ion to suppress his confession. Although White entered a nolo plea specifically reserving his right to appeal, the motion is not dispositive. See Fla. R.App. P. 9.140 (b) (2) (A) (i) (2000); Brown v. State, 376 So. 2d 382 (Fla.1979); Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986); Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002). In the absence of a dispositive motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction. See Weber, 492 So. 2d at 1167. DISMISSED. K…
• Levine v. State, 788 So. 2d 379 (Fla. 4th DCA 2001)
  …because it was not dispositive of the case below. An issue is preserved for appeal on a guilty plea only if it is dispositive of the case. See Fla.R.App.P. 9.140(b)(2)(A); Zambuto v. State, 731 So. 2d 46 (Fla. 4th DCA 1999); see also Weber v. State, 492 So. 2d 1166, 1167 (Fla. 4th DCA 1986). “An issue is legally dispositive ‘only if, regardless of whether the appellate court affirms or reverses the lower court’s decision, there will be no trial of the case.’ ” Zambuto, 731 So. 2d at 46 (quoting Vaughn v. State…