SEABROOK v. STATE

No. 92-413.

620 So.2d 227 (1993)

Andre SEABROOK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Fleur J. Lobree, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.


ON MOTION FOR REHEARING

PER CURIAM.

On 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.

The trial court failed to make an express finding that the reserved issue was dispositive. 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...

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