C.L.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-02-11
No. 5D99-2530
DAUKSCH and PETERSON, JJ., concur.
752 So. 2d 67 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 2 cases


Opinion of the Court
THOMPSON, J.

THOMPSON, J.

We dismiss this appeal for lack of jurisdiction. C.L.M., a minor, entered nolo contendere pleas to possession of cannabis, trespass to a conveyance, and petit theft. Although C.L.M. reserved his right to appeal the denial of his motion to suppress a statement made to police after they read him his Miranda rights, he did not specify that the ruling was dispositive of the underlying case. To perfect his appeal, he must meet that requisite. The record shows neither that there was a stipulation that the denial of his motion was dispositive nor that the trial court made a specific finding. C.L.M. is precluded from appealing because he failed to show that the court’s ruling on the motion is dispositive of the underlying cause. See Gonzalez v. State, 739 So. 2d 1260 (Fla. 5th DCA 1999); Teague v. State, 728 So. 2d 1203 (Fla. 5th DCA 1999).

DISMISSED.

DAUKSCH and PETERSON, JJ., concur.


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  • K.N.B. v. State, 982 So. 2d 1277 (Fla. 1st DCA 2008)
    …ause the parties did not stipulate that the motion to suppress presented a dispositive issue and the trial court did not find that its denial of the motion was dispositive); see also F.C. v. State, 971 So. 2d 899 (Fla. 3d DCA 2007); C.L.M. v. State, 752 So. 2d 67 (Fla. 5th DCA 2000); White v. State, 661 So. 2d 40 (Fla. 2d DCA 1995). DAVIS, VAN NORTWICK, and POLSTON, JJ., concur.…

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