Benton v. Florida Dept. of Corrections
This text of 782 So. 2d 981 (Benton v. Florida Dept. of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Christopher Todd BENTON, Appellant,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
District Court of Appeal of Florida, First District.
Christopher Todd Benton, pro se, appellant.
Robert A. Butterworth, Attorney General, and Kimberly R. Wilcox, Assistant Attorney General, Tallahassee, for appellee.
PER CURIAM.
The trial court dismissed without prejudice appellant's 42 U.S.C. § 1983 claim for failure to demonstrate an exhaustion of his administrative remedies. Because the dismissal was without prejudice, the order is *982 neither a final order nor an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). If appellant is unable or unwilling to amend the complaint to correct the defect, the proper course is to so advise the court and request entry of a final order of dismissal with prejudice which may be appealed. See Ponton v. Gross, 576 So.2d 910, 912 (Fla. 1st DCA 1991).
DISMISSED.
MINER, KAHN and WEBSTER, JJ., concur.
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782 So. 2d 981, 2001 Fla. App. LEXIS 4790, 2001 WL 360161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-florida-dept-of-corrections-fladistctapp-2001.