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900 So. 2d 780

Brown v. Bay County

District Court of Appeal of Florida · decided 2005-05-06

Relies on 573 So. 2d 104 - Augustin v. Blount, Inc.

Decided 2005-05-06

PER CURIAM.

¶1Despite 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.
BROWNING, J.,

¶2concurs with separate opinion.

¶3I 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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