Seabrook v. State

District Court of Appeal of Florida

Decided June 15, 1993

District Court of Appeal of Florida · decided 1993-06-15

Cited by 1 later decisions — most recently October 2002

1 state decisions

Relies on 535 So. 2d 667 - Everett v. State · 460 So. 2d 549 - D.K.G. v. State · 589 So. 2d 964 - Sharpe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-06-15

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¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2On consideration of the State’s motion for rehearing, we grant the motion, withdraw our opinion filed February 23, 1993, and substitute the following opinion in lieu thereof.

¶3The trial court failed to make an express finding that the reserved issue was disposi-tive. Moreover, the parties did not stipulate that the issue was dispositive. In fact, the State argued below that it would be able to go forward without the confidential informant’s testimony. Therefore, the issue was not preserved for appellate review. See Sharpe v. State, 589 So.2d 964 (Fla. 3d DCA 1991); Everett v. State, 535 So.2d 667 (Fla. 2d DCA 1988); D.K.G. v. State, 460 So.2d 549 (Fla. 5th DCA 1984). Accordingly, this appeal is dismissed.