ALEJANDRO FIGUEREDO, APPELLANT,
v.
KEN JENNE, BROWARD COUNTY SHERIFF'S OFFICE, APPELLEE
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This case involves a pretrial detainee's lawsuit against the county sheriff for alleged mistreatment. The appellate court affirmed the dismissal of some claims, reversed others for further proceedings, and dismissed claims that were dismissed without prejudice by the trial court.
The appellate court dismissed the appeal of claims dismissed without prejudice, finding them non-final and non-appealable. It affirmed the dismissal of other claims but reversed the dismissal with prejudice, allowing the detainee to replead if he can satisfy statutory prerequisites.
[1] A dismissal without prejudice is a non-final and non-appealable order.
[2] Failure to satisfy statutory prerequisites for a claim may support dismissal, but does not necessarily mandate dismissal with prejudice.
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Join FLexlaw to unlock all legal intelligence“We dismiss the appeal of these counts since a trial court’s dismissal without prejudice is non-final and nonappealable.”
Establishes the reasoning for dismissing the appeal of claims that were dismissed without prejudice.
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Join FLexlaw to unlock all legal intelligenceAlejandro Figueredo, a pretrial detainee, sued Sheriff Jenne alleging mistreatment, including denial of a bed, medical attention, publications, visita…
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POLEN, C.J.
Alejandro Figueredo, a defendant awaiting trial in the Broward County Jail, brought a civil suit against Sheriff Jenne, seeking injunctive and declaratory relief as well as compensatory and punitive damages based on his alleged mistreatment. Figueredo alleged that while he was a pretrial detainee in the Broward jail he was denied a bed, medical attention, magazines and books, visitation with his family and friends, access to. the courts and library, and privacy.
The trial court dismissed all seven counts. Figueredo challenges the dismissal of five of these counts on appeal. Count II, the alleged denial of Fi-geuredo’s right to receive publications, and count V, the alleged violation of Figeure-do’s privacy rights, were dismissed by the trial court without prejudice. We dismiss the appeal of these counts since a trial court’s dismissal without prejudice is non-final and nonappealable. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991).
As to the remaining counts; I, denial of medical attention and a bed, III, denial of visitation, and IV, limiting access to the courts, we affirm the trial court’s dismissal, but reverse that order to the extent such dismissal was with prejudice. While we agree with the trial court’s finding that Figueredo’s failure to satisfy the statutory prerequisites of section 768.28(6)(a), Florida Statutes (1999), supports dismissal, we do not maintain that such failure mandates dismissal with prejudice. See Fla. R. Civ. P. 1.120(c);. Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979); The court recognizes that while such counts may not have been artfully pled by this pro se litigant, we find the subject allegations sufficient to state a cognizable cause of action, provided appellant can allege and ultimately prove the prerequisites of section 768.28(6)(a).
Accordingly, we reverse and remand for further proceedings consistent with this opinion, as to counts I, II, and IV.
DISMISSED IN PART, AFFIRMED IN PART, REMANDED IN PART.
STEVENSON and TAYLOR, JJ., concur.
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Citator
Authorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Delouis Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991)