ROBERT E.H. CARLISLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant contends that the trial court should have granted his motion to withdraw his plea, because he entered it in reliance on the trial court’s statement that he would be able to appeal the court’s ruling on his motion to suppress. Although it is not entirely clear what the trial court meant when he told appellant he would be able to appeal the motion to suppress, the fact is that appellant cannot appeal. Appellant did not obtain a stipulation that the ruling on the motion to suppress would be dispositive, nor should he have been able to obtain one since it clearly would not have been dispositive. In any event, appellant was entitled to rely on the court’s statement that he could appeal when he agreed to enter the plea, and the fact that he cannot appeal entitled him to withdraw the plea. See Bass v. State, 541 So. 2d 1336 (Fla. 4th DCA 1989).
We therefore reverse.
DELL, FARMER and KLEIN, JJ., concur.
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Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)…0); Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971); Henry P. Trawick, Jr., Trawick’s Florida Practice and Procedure § 26-8, at 463 (1998 ed.); Bruce J. Berman, Florida Civil Procedure, ¶ 540.5, at 647 (1999 ed.); see also Burke v. Reyes, 687 So. 2d 929 (Fla. 3d DCA 1997); Shields v. Flinn, 528 So. 2d at 968; Grahn v. Dade Home Servs., 277 So. 2d 544 (Fla. 3d DCA 1973). On comparable facts, the Florida Supreme Court granted relief from judgment in Town of Hialeah Gardens v. Hendry, 376 So. 2d at 11…
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Armstrong v. Panzarino, 812 So. 2d 512 (Fla. 4th DCA 2002)…r most circumstances, a party seeking relief from a default judgment must demonstrate excusable neglect, a meritorious defense, and that the party acted with due diligence. Andrade v. Andrade, 720 So. 2d 551, 552 (Fla. 4th DCA 1998); Burke v. Reyes, 687 So. 2d 929, 929 (Fla. 3d DCA 1997). We have recognized, however, that the “best interest of the child” standard precludes a determination of child custody based on a parent’s default. See Seibert v. Seibert, 436 So. 2d 1104, 1105 (Fla. 4th DCA 1983). See also…
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Francesco Zambuto v. State, 731 So. 2d 46 (Fla. 4th DCA 1999)…hat ruling on motion for recusal not disposi-tive). Accordingly, we dismiss the instant appeal. Such dismissal, however, is without prejudice to Zambuto’s right to file a motion in the lower court seeking to withdraw his plea. See Carlisle v. State, 687 So. 2d 929 (Fla. 4th DCA 1997). DELL, STEVENSON and HAZOURI, JJ., concur.…
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- Bass v. State, 541 So. 2d 1336 (Fla. 4th DCA 1989)