JOHN STEVEN HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-12-07
No. 93-3823
WOLF and WEBSTER, JJ., concur.
646 So. 2d 798 Florida District Court of Appeal, First District (1994) Caution
Cited by 4 cases

Opinion of the Court
MICKLE, Judge.

MICKLE, Judge.

Given the facts in the record, we follow the well-established rule that an appeal from a plea of no contest should never be a substitute for a motion to withdraw the plea. Robinson v. State, 373 So. 2d 898, 902 (Fla.1979). Accordingly, we affirm judgment and sentence. See Heatley v. State, 636 So. 2d 153, 154 (Fla. 1st DCA 1994), and Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990).

WOLF and WEBSTER, JJ., concur.


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  • Momsen v. State, 706 So. 2d 927 (Fla. 2d DCA 1998)
    …“gross remuneration derived from work, professional service, or self-employment but does not include income derived from invested capital or ownership of property.” § 443.036(14), Fla. Stat. (1995). In DeLisi v. Florida Unemployment Appeals Comm’n, 646 So. 2d 798 (Fla. 2d DCA 1994), this court held that DeLisi’s self-directed work activity did not constitute self-employment and did not disqualify her from receiving benefits. There, DeLisi and her husband owned a video store which generated $2,500 in revenue…
  • Grover v. Brumell Investigations, Inc., 915 So. 2d 750 (Fla. 2d DCA 2005)
    …ss, even conceding Referee Riggins’s authority to reconsider the issue of whether Mr. Grover was unemployed and available for work, she erred when she applied the facts to the applicable law. This court, in DeLisi v. Unemployment Appeals Commission, 646 So. 2d 798 (Fla. 2d DCA 1994), examined a similar factual situation. When DeLisi was laid off from her job, she began working fulltime at a video store she co-owned with her husband. The store, however, was losing money, and she received essentially no wages.…
  • …om that work is “unemployed” pursuant to section 443.036(39), and therefore remains eligible to receive unemployment benefits. Momsen v. Fla. Unemployment Appeals Comm’n, 706 So. 2d 927 (Fla. 2d DCA 1998); DeLisi v. Fla. Unemployment Appeals Comm’n, 646 So. 2d 798 (Fla. 2d DCA 1994); see also § 443.111(4)(b), Fla. Stat. (2001) (providing [*299] for partial unemployment benefits when claimant earns income that is less than the amount of the weekly unemployment benefit).1 According to Mr. Smith, Bankers Life d…

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