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Smith v. Department of Corrections

861 So. 2d 96, 2003 Fla. App. LEXIS 18820, 2003 WL 22927246
CourtDistrict Court of Appeal of Florida
DecidedDecember 12, 2003
DocketNo. 1D03-3826
StatusPublished

This text of 861 So. 2d 96 (Smith v. Department 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.

Bluebook
Smith v. Department of Corrections, 861 So. 2d 96, 2003 Fla. App. LEXIS 18820, 2003 WL 22927246 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

Having considered the appellant’s response to this Court’s order of October 9, 2003, we dismiss this appeal as premature. The order on appeal dismissed the appellant’s complaint without prejudice to his right to file an amended complaint. Such an order is not final, however, the appellant may request entry of a final order of dismissal with prejudice if he is unable or unwilling to amend his complaint. Augustin v. Blount, 573 So.2d 104 (Fla. 1st DCA [97]*971991). All pending motions are denied as moot.

WOLF, G.J., ERVIN and PADOVANO, JJ., concur.

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Related

Augustin v. Blount, Inc.
573 So. 2d 104 (District Court of Appeal of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
861 So. 2d 96, 2003 Fla. App. LEXIS 18820, 2003 WL 22927246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-department-of-corrections-fladistctapp-2003.