JOHNSON CHRISTOPHER JAMERSON
v.
RICKY D. DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2022-09-07
No. 21-2544
Dempsey, J., Roberts, J., Osterhaus, J., Long, J.
Florida District Court of Appeal, First District (2022)

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Holding

An order dismissing a complaint without prejudice is not a final, appealable order when the record does not indicate the plaintiff cannot proceed with an amended complaint in the current case.


Headnotes

[1] An order dismissing a complaint without prejudice is not a final, appealable order unless the record clearly demonstrates that the plaintiff's right to pursue the case re…

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Key Quotes

“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.”

Court explaining the exception to the general rule that dismissals without prejudice are not appealable

Facts & Procedural History

Jamerson appealed an order from the Circuit Court for Leon County dismissing his complaint without prejudice. The record contained no indication that …

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Opinion of the Court
Long

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D21-2544 _____________________________

JOHNSON CHRISTOPHER

JAMERSON,

Appellant,

v.

RICKY D. DIXON, Secretary, Florida Department of Corrections,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

September 7, 2022

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

2

amended complaint in his current case. Accordingly, this is a nonreviewable, non-final order.

DISMISSED.

ROBERTS, OSTERHAUS, and LONG, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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.


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