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Augustin v. Blount, Inc.

District Court of Appeal of Florida, First District
Jan 3, 1991
573 So. 2d 104 (Fla. Dist. Ct. App. 1991)

Summary

holding that an order captioned "Final Order of Dismissal" was not a final order because the dismissal did not end all judicial labor as it was without prejudice to amend

Summary of this case from Gomez v. R.J. Reynolds Tobacco Co.

Opinion

No. 90-3113.

January 3, 1991.

Appeal from the Judge of Compensation Claims, Melanie Jacobsen.

Kathleen L. Spalding of Levine, Busch, Schnepper Stein, P.A., Miami, for appellant.

Janis Brustares Keyser of Reid, Ricca Rigell, P.A., West Palm Beach, for appellees.


ON APPELLEES' MOTION TO DISMISS


DeLouis Augustin filed a claim for workers' compensation benefits for an accident that occurred in April, 1990. The employer/carrier moved to dismiss the claim, arguing that it failed to specify the benefits due and it requested benefits not yet due. Judge Jacobsen entered an order captioned "Final Order of Dismissal" which states in the decretal portion that the claim "is hereby dismissed without prejudice." This appeal followed.

Judge Jacobsen previously entered an order which granted the motion to dismiss. An appeal from that order was dismissed for lack of jurisdiction by unpublished order.

The appellees now move to dismiss this appeal for lack of jurisdiction, arguing that the order sought to be reviewed is not a final order. We agree. A final order is one which constitutes an end to the judicial labor in the cause. Howard v. Ziegler, 40 So.2d 776, 777 (Fla. 1949). It is clear from the context of the proceedings below that the dismissal of appellant's claim was without prejudice to his right to file an amended claim that corrects the defects identified in the motion to dismiss. The judicial labor in the lower tribunal is obviously not at an end and it therefore follows that the order is not final and we are without jurisdiction to review it. Hancock v. Piper, 186 So.2d 489 (Fla. 1966). If claimant is unwilling or unable to amend his claim to correct the defects raised in the motion to dismiss, his proper course is to so advise the Judge of Compensation Claims and request entry of a final order of dismissal with prejudice which may be appealed. American Credit Card Telephone Co. v. National Pay Telephone Corp., 504 So.2d 486, 487 (Fla. 1st DCA 1987).

It therefore appearing that the order of the Judge of Compensation Claims was not a final order, appellee's motion is granted and we dismiss this appeal for lack of jurisdiction.

SHIVERS, C.J., and NIMMONS and BARFIELD, JJ., concur.


Summaries of

Augustin v. Blount, Inc.

District Court of Appeal of Florida, First District
Jan 3, 1991
573 So. 2d 104 (Fla. Dist. Ct. App. 1991)

holding that an order captioned "Final Order of Dismissal" was not a final order because the dismissal did not end all judicial labor as it was without prejudice to amend

Summary of this case from Gomez v. R.J. Reynolds Tobacco Co.

holding dismissal without prejudice to amend complaint in same action is not final

Summary of this case from Hinote v. Ford Motor

dismissing appeal where the lower tribunal dismissed the complaint below without prejudice to file an amended complaint that corrects the defects and holding that if the claimant is unwilling or unable to amend the complaint, the proper course is to so advise the lower tribunal and request entry of a final order of dismissal with prejudice, which may be appealed

Summary of this case from Cruz v. Byrd

noting that the Appellant's proper course is to request entry of a final order which may be appealed

Summary of this case from Rickerson v. Peacock

noting that the appellant's proper course is to request entry of a final order which may be appealed

Summary of this case from Johnson v. HSBC Bank USA, Nat. Ass'n

dismissing appeal where the lower tribunal dismissed the complaint below without prejudice to file an amended complaint that corrects the defects and holding that if the petitioner is unwilling or unable to amend the complaint, the proper course is to so advise the lower tribunal and request entry of a final order of dismissal with prejudice which may be appealed

Summary of this case from Jeffries v. McNeil
Case details for

Augustin v. Blount, Inc.

Case Details

Full title:DELOUIS AUGUSTIN, APPELLANT, v. BLOUNT, INC. AND AETNA CASUALTY SURETY…

Court:District Court of Appeal of Florida, First District

Date published: Jan 3, 1991

Citations

573 So. 2d 104 (Fla. Dist. Ct. App. 1991)

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