Delouis Augustin v. Blount

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.1{/Cite} 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).