Opinion
1D21-2544
09-07-2022
Johnson Christopher Jamerson, Appellant, v. Ricky D. Dixon, Secretary, Florida Department of Corrections, Appellee.
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.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.
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.
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 amended complaint in his current case. Accordingly, this is a non-reviewable, non-final order.
DISMISSED. ROBERTS, OSTERHAUS, and LONG, JJ., concur.