JAMERSON v. DIXON (2022)

District Court of Appeal of Florida, First District.

Johnson Christopher JAMERSON, Appellant, v. Ricky D. DIXON, Secretary, Florida Department of Corrections, Appellee.

No. 1D21-2544

Decided: September 07, 2022

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.

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.

Per Curiam.

Roberts, Osterhaus, and Long, JJ., concur.

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