From Casetext: Smarter Legal Research

White v. State

District Court of Appeal of Florida, Fourth District
Nov 20, 2002
830 So. 2d 944 (Fla. Dist. Ct. App. 2002)

Summary

recognizing that a stipulation to dispositiveness can confer jurisdiction

Summary of this case from Mattos v. State

Opinion

Case No. 4D01-4281

Opinion filed November 20, 2002

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Judge; L.T. No. 01-001728 CF A02.

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


White appeals from the denial of a motion 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, 2002 WL 31374626 (Fla. 3d DCA Oct. 23, 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.

KLEIN, STEVENSON and TAYLOR, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

White v. State

District Court of Appeal of Florida, Fourth District
Nov 20, 2002
830 So. 2d 944 (Fla. Dist. Ct. App. 2002)

recognizing that a stipulation to dispositiveness can confer jurisdiction

Summary of this case from Mattos v. State

dismissing the appeal of an order denying a motion to suppress a confession; stating that "[i]n the absence of a dispositive motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction."

Summary of this case from Maxwell v. State
Case details for

White v. State

Case Details

Full title:MARVIN A. WHITE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 20, 2002

Citations

830 So. 2d 944 (Fla. Dist. Ct. App. 2002)

Citing Cases

Sears v. State

The denial of Sears' motion to suppress the statements he made to police was not dispositive. See Brown v.…

Maxwell v. State

We, therefore, perceive of no jurisdictional impediment to addressing the issues raised in this appeal, and…