Johnson Christopher Jamerson v. Ricky D. Dixon, Secretary, Florida Department of Corrections

• Court: District Court of Appeal of Florida
• Decided: September 7, 2022
• Docket: 21-2544
• Status: Published

Opinion

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 amended complaint in his current case. Accordingly, this is a non- reviewable, 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.