HUDSON
v.
UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES
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Plaintiff Hudson's case against the University of Central Florida Board of Trustees was dismissed without prejudice after she failed to timely file an amended complaint despite two extensions of the filing deadline and explicit notice that failure to amend would result in a final judgment.
The court lacks jurisdiction to grant relief other than post-judgment remedies because the dismissal order with leave to amend became a final judgment upon expiration of the amendment deadline without Plaintiff seeking an extension or filing the amended complaint.
“an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension”
Establishes the legal principle that failure to amend by the deadline converts a conditional dismissal into a final judgment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe court initially dismissed Plaintiff's amended complaint without prejudice and granted her leave to amend by April 18, 2025. The court sua sponte e…
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On Defendant's motion, the court dismissed Plaintiff's amended complaint without prejudice, granting her leave to amend on or before April 18, 2025. (See Dkt. 22.) The court then twice sua sponte extended the deadline for Plaintiff to file an amended complaint, (see Dkts. 25, 27), giving Plaintiff until May 9, 2025, to amend. The court expressly advised Plaintiff that "failure to timely file a second amended complaint will render the court's order dismissing her complaint without prejudice a final judgment.” (Dkt. 25 (internal citation omitted).)
Plaintiff did not timely amend her complaint or ask for additional time to do so. Accordingly, the court's April 3, 2025 order dismissing the amended complaint has become a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719–20 (11th Cir. 2020) (“[A]n order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time
allowed for amendment expires without the plaintiff seeking an extension.”). The court therefore lacks jurisdiction over this matter to grant anything other than post-judgment relief. See id. (“The only recourse for a plaintiff who seeks to set aside the final judgment is to appeal, Fed. R. App. P. 3, move to alter or amend the judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R. Civ. P. 60(b).”); Bessent v. Biden, No. 8:22-cv-1865-KKM-CPT, 2023 WL 2024896, at *1 (M.D. Fla. Feb. 15, 2023) (“Of course, a plaintiff may also refile the action if the dismissal was without prejudice and is not otherwise barred by the statute of limitations.").
Accordingly, this action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and to close this case.
ORDERED in Orlando, Florida, on May 13, 2025.
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
Copies furnished to: Unrepresented Party Counsel of Record
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Hudson v. Univ. of Cent. Fla. Bd. of Trs., 2023 WL 2024896 (M.D. Fla. 2025)…who seeks to set aside the final judgment is to appeal, Fed. R. App. P. 3, move to alter or amend the judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R. Civ. P. 60(b).”); Bessent v. Biden, No. 8:22-cv-1865-KKM-CPT, 2023 WL 2024896, at *1 (M.D. Fla. Feb. 15, 2023) (“Of course, a plaintiff may also refile the action if the dismissal was without prejudice and is not otherwise barred by the statute of limitations."). Accordingly, this action is DISMISSED without prejudice. The C…1 / 2
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Powell v. The Sch. Bd. of Volusia Cnty. (M.D. Fla. 2025)…d at 720 (“The only recourse for a plaintiff who seeks to aside the final judgment is to appeal, move to alter or amend the judgment, or move for relief from the final judgment . . . ." (emphasis added)); Bessent v. Biden, No. 8:22- cv-1865-KKM-CPT, 2023 WL 2024896, at *1 (M.D. Fla. Feb. 15, 2023) (“Of course, a plaintiff may also refile the action if the dismissal was without prejudice and is not otherwise barred by the statute of limitations."). “[P]laintiff[s] may seek leave to amend if [t]he[y] [are] grant…1 / 2
Authorities Cited
- Hudson v. Univ. of Cent. Fla. Bd. of Trs., 2023 WL 2024896 (M.D. Fla. 2025)