MARKIEPH PALMER
v.
MCINTOSH KEMARLEY RASHAWN
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A dismissal without prejudice based on vexatious litigant status is nonappealable and nonfinal, but the court affirmed the underlying vexatious litigant designation.
[1] A dismissal without prejudice generally constitutes a nonappealable, nonfinal order.
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Join FLexlaw to unlock all legal intelligencePalmer, a pro se litigant, filed a complaint against McIntosh Kemarley Rashawn. The trial court dismissed Palmer's complaint without prejudice based o…
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Third District Court of Appeal State of Florida
Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0730 Lower Tribunal No. 23-19800-CA-01
________________
Markieph Palmer, Appellant,
vs.
McIntosh Kemarley Rashawn, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.
Markieph Palmer, in proper person.
No appearance, for appellee.
Before LOGUE, C.J., and SCALES and BOKOR, JJ.
PER CURIAM.
2
The order on review dismisses Palmer’s pro se complaint without prejudice based on Palmer’s designation as a vexatious litigant pursuant to section 68.093, Florida Statutes, and failure to comply with the requirements of filing for a vexatious litigant. The order on review references that such designation has been affirmed by this court. See Palmer v. Robertson, No. 3D23-1499 (Fla. 3d DCA Mar. 13, 2024) (affirming dismissal with prejudice after designation as a vexatious litigant, where such order bars Palmer from filing any subsequent pro se complaint in the Eleventh Judicial Circuit “without first obtaining leave of the administrative judge in accordance with Section 68.093(4)”). Additionally, a dismissal without prejudice generally constitutes a nonappealable, nonfinal order. See Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569 (Fla. 2d DCA 2014).
Affirmed in part; dismissed in part.
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- Marzuq Al-Hakim v. BIG Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014)