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

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-2544
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JOHNSON CHRISTOPHER
JAMERSON,
Appellant,
v.
RICKY D. DIXON, Secretary,
Florida Department of
Corrections,
Appellee.
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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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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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.
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