LYDIA IMINZA KIGANI
v.
BARBARA BURKS MCKENZIE AND THE ESTATE OF WILLIE ROLLINS
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An order dismissing a complaint without prejudice is not a final order and therefore is not appealable.
[1] An order dismissing a complaint without prejudice is not a final order and therefore is not appealable.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order.”
Court citing Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569 (Fla. 2d DCA 2014)
Appellant Lydia Iminza Kigani appealed from a circuit court order dismissing her complaint without prejudice in a case against Barbara Burks McKenzie …
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1660 Lower Tribunal No. 2025-CP-000050
LYDIA IMINZA KIGANI, Appellant,
v.
BARBARA BURKS MCKENZIE and the ESTATE OF WILLIE ROLLINS, Appellees.
Appeal from the Circuit Court for Hardee County. Brandon J. Rafool, Judge.
July 24, 2026
PER CURIAM.
DISMISSED. See, e.g., Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569 (Fla. 2d DCA 2014) (“Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order.”); Fla. R. App. P. 9.130(3) (listing the types of nonfinal orders that are appealable, and omitting the nonfinal order at issue in this appeal). See generally Philip J. Padovano, 2 Fla. Prac., Appellate Practice § 23:2 (2026 ed.) (discussing finality of an order or judgment).
BROWNLEE, KAMOUTSAS and PRATT, JJ., concur.
Lydia Iminza Kigani, Lake Wales, pro se.
Jeff J. McKibben, Wauchula, for Appellee, Barbara Burks McKenzie.
No Appearance for Appellee, the Estate of Willie Rollins.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marzuq Al-Hakim v. BIG Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014)