ORIENTUS WERNER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• White v. State, 830 So. 2d 944 (Fla. 4th DCA 2002)
  …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. KLEIN, STEVENSON and TAYLOR, JJ., concur.…
• Leoton R. Sears v. State, 920 So. 2d 709 (Fla. 4th DCA 2006)
  …endant seeks to reserve for appeal be dispositive. See Fla. R.App. P. 9.140(b)(2)(A)®. The denial of Sears’ motion to suppress the statements he made to police was not dispositive. See Brown v. State, 376 So. 2d 382, 385 (Fla.1979); Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002). We thus affirm the instant appeal without prejudice to appellant’s right to seek to withdraw his plea. See Leonard v. State, 760 So. 2d 114, 119 (Fla.2000); Hagins v. State, 900 So. 2d 735 (Fla. 4th DCA 2005). STEVENSON, C.J.…
• Torrey Lenard Sloss v. State, 917 So. 2d 941 (Fla. 5th DCA 2005)
  …not confer appellate jurisdiction). Where an appeal is dismissed because the issue reserved for appeal is deemed not to be dispositive, the dismissal is without prejudice to the defendant’s right to move to withdraw his .plea. See Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002). Accordingly, this appeal is dismissed. DISMISSED. SAWAYA and PALMER, JJ., concur.…

Authorities Cited

• Davis v. State, 572 So. 2d 1022 (Fla. 5th DCA 1991)
• Bauldy A. Sharpe v. State, 589 So. 2d 964 (Fla. 3d DCA 1991)
• Seabrook v. State, 620 So. 2d 227 (Fla. 3d DCA 1993)
• Gen. Agents Ins. Co. of Am. v. Boehm, 620 So. 2d 227 (Fla. 4th DCA 1993)