Florida District Courts of Appeal, 2005

Brown v. Bay County

Brown v. Bay County
Florida District Courts of Appeal · Decided May 6, 2005 · Browning, Ervin, Lewis
900 So. 2d 780; 2005 Fla. App. LEXIS 6632; 2005 WL 1047313 (Southern Reporter, Second Series)

Brown v. Bay County

Opinion of the Court

PER CURIAM.

Despite appellant Nancy Crook’s repeated attempts to have the lower tribunal enter an appealable order, the lower tribunal has failed to do so. A dismissal without prejudice is a nonfinal, nonappealable order if the dismissal is without prejudice to amend the complaint in the same action. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla. 1st DCA 1991). Accordingly, we grant appellees’ motions to dismiss and dismiss the appeal as premature as to appellant Nancy Crook.

ERVIN and LEWIS, JJ„ concur; BROWNING, J., concurs with separate opinion.

Concurring Opinion

BROWNING, J.,

concurs with separate opinion.

I concur with the opinion. I write only to express my view, which I think is the correct one, that the trial court errs by requiring Appellant to amend her complaint and not enter an order of dismissal with prejudice as Appellant requested. Appellant is entitled to an order of dismissal with prejudice upon her request providing her with the right to appeal.

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