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Cruz v. Byrd

Florida Court of Appeals, First District
Dec 6, 2023
375 So. 3d 388 (Fla. Dist. Ct. App. 2023)

Opinion

No. 1D2023-1199

12-06-2023

Jose CRUZ, Appellant, v. Cord BYRD, in his official capacity as Secretary of State of the State of Florida, Appellee.

Jose Cruz, pro se, Appellant. No appearance for Appellee.


On appeal from the Circuit Court for Leon County. J. Lee Marsh, Judge.

Jose Cruz, pro se, Appellant.

No appearance for Appellee.

Per Curiam.

Dismissed. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991) (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).

Bilbrey, M.K. Thomas, and Long, JJ., concur.


Summaries of

Cruz v. Byrd

Florida Court of Appeals, First District
Dec 6, 2023
375 So. 3d 388 (Fla. Dist. Ct. App. 2023)
Case details for

Cruz v. Byrd

Case Details

Full title:Jose Cruz, Appellant, v. Cord Byrd, in his official capacity as Secretary…

Court:Florida Court of Appeals, First District

Date published: Dec 6, 2023

Citations

375 So. 3d 388 (Fla. Dist. Ct. App. 2023)