SANSONE
v.
DESANTIS, MOODY

Fla. 1st DCA | 2025-11-12
No. 2024-3305
2025 FL 10519 Florida District Court of Appeal, First District (2025)

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Synopsis

Sansone appeals an order dismissing his complaint without prejudice. The First District Court of Appeal dismissed the appeal as not timely appealable because an order dismissing a complaint without prejudice is not ordinarily a final, appealable order under Florida law.


Holding

An order dismissing a complaint without prejudice to amend is not ordinarily a final, appealable order, and therefore the appeal does not have proper jurisdiction.


Key Quotes

“An order dismissing a complaint 'without prejudice' to amend is not ordinarily a final, appealable order.”

This establishes the controlling legal principle that dismissals without prejudice lack finality required for appellate jurisdiction.

Facts & Procedural History

Joseph Sansone, holding M.S. and Ph.D. degrees, filed a complaint against Governor Ron DeSantis and Florida Attorney General James Uthmeier in their o…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

No. 1D2024-3305

JOSEPH SANSONE, M.S., PHD,

Appellant,

v. HON. RON DESANTIS, in his Official Capacity of Governor of Florida; and HON. JAMES UTHMEIER, in his official capacity of Attorney General of Florida,

Appellees.

On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

November 12, 2025

PER CURIAM.

DISMISSED. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A), (B); Pipeline Constructors, Inc. v. Transition House, Inc., 257 So. 3d 606, 608 n.2 (Fla. 1st DCA 2018) (“An order dismissing a complaint ‘without prejudice’ to amend is not ordinarily a final, appealable order.”).

2

WINOKUR, M.K. THOMAS, and NORDBY, JJ., concur.


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