# Brown v. Bay County

> District Court of Appeal of Florida · May 6, 2005 · 900 So. 2d 780

URL: https://www.frixlaw.com/law-library/cases/7775160

## Case

- **Full name:** Diane C. BROWN, Nancy Crook, Brenda Harrison, and Charles Smith v. BAY COUNTY, Florida, a political subdivision of the State of Florida, and The St. Joe Company
- **Court:** District Court of Appeal of Florida
- **Decided:** May 6, 2005
- **Citations:** 900 So. 2d 780; 2005 Fla. App. LEXIS 6632; 2005 WL 1047313
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Browning, Ervin, Lewis
- **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/7775160

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7775160. Public record. Not legal advice.