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Jamerson v. Dixon

District Court of Appeal of Florida, First District.
Sep 7, 2022
346 So. 3d 699 (Fla. Dist. Ct. App. 2022)

Opinion

No. 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.


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.


Summaries of

Jamerson v. Dixon

District Court of Appeal of Florida, First District.
Sep 7, 2022
346 So. 3d 699 (Fla. Dist. Ct. App. 2022)
Case details for

Jamerson v. Dixon

Case Details

Full title:Johnson Christopher JAMERSON, Appellant, v. Ricky D. DIXON, Secretary…

Court:District Court of Appeal of Florida, First District.

Date published: Sep 7, 2022

Citations

346 So. 3d 699 (Fla. Dist. Ct. App. 2022)