JOHNSON CHRISTOPHER JAMERSON
v.
RICKY D. DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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An order dismissing a complaint without prejudice is not a final, appealable order when the record does not indicate the plaintiff cannot proceed with an amended complaint in the current case.
[1] An order dismissing a complaint without prejudice is not a final, appealable order unless the record clearly demonstrates that the plaintiff's right to pursue the case re…
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Join FLexlaw to unlock all legal intelligence“If a dismissal is 'without prejudice' but it is clear from the context of the record that the plaintiff's right to pursue the case requires the filing of a new case, the order is final.”
Court explaining the exception to the general rule that dismissals without prejudice are not appealable
Jamerson appealed an order from the Circuit Court for Leon County dismissing his complaint without prejudice. The record contained no indication that …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-2544 _____________________________
JOHNSON CHRISTOPHER
JAMERSON,
Appellant,
v.
RICKY D. DIXON, Secretary, Florida Department of Corrections,
Appellee. _____________________________
On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.
September 7, 2022
PER CURIAM.
Jamerson appealed an order dismissing his complaint without prejudice. Where an order dismisses a complaint without prejudice, the order is not a final, appealable order. See Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014). However, “this general rule is not without exception. If a dismissal is ‘without prejudice’ but it is clear from the context of the record that the plaintiff’s right to pursue the case requires the filing of a new case, the order is final.” U.S. Bank Nat. Ass’n v. Rodriguez, 206 So. 3d 734, 736 (Fla. 3d DCA 2016). There is nothing in the record indicating Jamerson would not be able to proceed with an
2
amended complaint in his current case. Accordingly, this is a nonreviewable, non-final order.
DISMISSED.
ROBERTS, OSTERHAUS, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Johnson Christopher Jamerson, pro se, Appellant.
Ashley Moody, Attorney General, and Omar J. Famada, Assistant Attorney General, and Kelly R. Forren, Assistant Attorney General, and Kristen Jennifer Lonergan, Assistant Attorney General, and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- U.S. Bank Nat'l Ass'n v. Rodriguez, 206 So. 3d 734 (Fla. 3d DCA 2016)
- Marzuq Al-Hakim v. BIG Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014)