Opinion
Case No. 1D00-2293
Opinion filed October 12, 2000.
An appeal from the Circuit Court for Leon County; L. Ralph Smith, Jr., Judge.
Appellant, pro se.
Louis A. Vargas, General Counsel, Department of Corrections, Tallahassee; Robert A. Butterworth, Attorney General and Halley M. Stephens, Assistant Attorney General, Tallahassee, for Appellee.
We dismiss the appeal with respect to Wilkes, Wilkerson, and Mills for lack of jurisdiction. The trial court dismissed the complaint without prejudice but with leave to amend the complaint. This portion of the order is non-final and non-appealable. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). The dismissal is without prejudice to the appellant to file a new appeal upon the trial court's entry of final judgment.
BOOTH, ALLEN, and PADOVANO, JJ., CONCUR.