Markieph Palmer, Appellant, v. McIntosh Kemarley Rashawn, Appellee. (2024)

District Court of Appeal of Florida, Third District.

Markieph Palmer, Appellant, v. McIntosh Kemarley Rashawn, Appellee.

No. 3D24-0730

Decided: October 30, 2024

Before LOGUE, C.J., and SCALES and BOKOR, JJ.

Markieph Palmer, in proper person. No appearance, for appellee.

The order on review dismisses Palmer's pro se complaint without prejudice based on Palmer's designation as a vexatious litigant pursuant to section 68.093, Florida Statutes, and failure to comply with the requirements of filing for a vexatious litigant. The order on review references that such designation has been affirmed by this court. See Palmer v. Robertson, No. 3D23-1499 (Fla. 3d DCA Mar. 13, 2024) (affirming dismissal with prejudice after designation as a vexatious litigant, where such order bars Palmer from filing any subsequent pro se complaint in the Eleventh Judicial Circuit “without first obtaining leave of the administrative judge in accordance with Section 68.093(4)”). Additionally, a dismissal without prejudice generally constitutes a nonappealable, nonfinal order. See Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569 (Fla. 2d DCA 2014).

Affirmed in part; dismissed in part.

PER CURIAM.

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