Florida District Courts of Appeal, 2003

Smith v. Department of Corrections

Smith v. Department of Corrections
Florida District Courts of Appeal · Decided December 12, 2003 · Ervin, Padovano, Wolf
861 So. 2d 96; 2003 Fla. App. LEXIS 18820; 2003 WL 22927246 (Southern Reporter, Second Series)

Smith v. Department of Corrections

Opinion of the Court

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 *971991). All pending motions are denied as moot.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.