# Eric Josey v. Flagler County Board of County Commissioners, School Board of Flagler County, Flagler County Sheriff's Office and City Commission of the City of Bunnell

> District Court of Appeal of Florida · April 25, 2025

URL: https://www.frixlaw.com/law-library/cases/10851650

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** April 25, 2025
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10851650

## How later opinions describe it (automated extraction)

- noting order that merely grants motion to dismiss is not final order even if order grants motion with prejudice

## Opinion text

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________

Case No. 5D2024-2789
LT Case No. 2024-CA-135
_____________________________

ERIC JOSEY,

Appellant,

v.

FLAGLER COUNTY BOARD of
COUNTY COMMISSIONERS,
SCHOOL BOARD of FLAGLER
COUNTY, FLAGLER COUNTY
SHERIFF’S OFFICE and CITY
COMMISSION of the CITY of
BUNNELL,

Appellees.
_____________________________

On appeal from the Circuit Court for Flagler County.
Christopher Anthony France, Judge.

Eric Josey, Palm Coast, pro se.

Sean S. Moylan, of Flagler County Attorney’s Office, Bunnell, for
Appellee, Flagler County Board of County Commissioners.

David Delaney, of Weiss Serota Helfman Cole & Bierman, P.L.,
Gainesville, for Appellee, School Board of Flagler County.

John LeMaster, of Flagler County Sheriff’s Office, Bunnell, for
Appellee, Flagler County Sheriff’s Office.
Paul R. Waters, of Vose Law Firm, LLP, Winter Park, for
Appellee, City Commission of the City of Bunnell.

April 25, 2025

HARRIS, J.

Appellant, Eric Josey, pro se, appeals the trial court’s order
granting Appellees’, Flagler County Board of County
Commissioners (“County”), School Board of Flagler County
(“School Board”), Flagler County Sheriff, and City Commission of
the City of Bunnell (“City”), joint motion to dismiss Appellant’s
complaint for declaratory and injunctive relief on the basis that
Appellant lacked standing and failed to state a cause of action.

Upon review, we note that the appealed order merely
granted the motion to dismiss rather than actually dismiss the
complaint, and did not indicate whether dismissal was with or
without prejudice. See Touchton v. Woodside Credit, LLC, 316 So.
3d 392, 394 (Fla. 2d DCA 2021) (“Where an order merely grants a
motion to dismiss, it is not a final order.”); GMI, LLC v. Asociacion
del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015)
(noting order that merely grants motion to dismiss is not final
order even if order grants motion with prejudice); Rollins Fruit Co.,
Inc. v. Wilson, 923 So. 2d 516, 520 (Fla. 2d DCA 2005) (“The trial
court did not take the additional step of entering a final judgment
in favor of the defendants.”). The order does not contain
unequivocal language of finality or whether the court found there
is no possible way to amend the complaint to state a cause of action
or establish standing, warranting dismissal with prejudice. See
Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA
2007); Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002)
(“The traditional test for finality is whether the decree disposes of
the cause on its merits leaving no questions open for judicial
determination except for execution and enforcement of the decree
if necessary.”).

Accordingly, in the absence of a final appealable order, we
lack jurisdiction and dismiss the appeal.

2
APPEAL DISMISSED.

EDWARDS, C.J., and SOUD, J., concur.

_____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________

3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10851650. Public record. Not legal advice.