Legal Opinion

Montero ex rel. W.P.M. v. Duval County School Board

District Court of Appeal of Florida

Decided December 18, 2014No. 1D13-5815PublishedCited by 2 opinions

1Opinion of the CourtBenton, J.

On behalf of their son W.P.M., Daniel and Cheryl Montero appeal the judgment entered after orders dismissing complaints they filed against the Duval County School Board (Board) in the Fourth Judicial Circuit. We affirm.

We have jurisdiction even though, at least as to count one, dismissal was solely for failure to exhaust administrative remedies and explicitly “without prejudice.” See Hiñóte v. Ford Motor Co., 958 So.2d 1009, 1010-11 (Fla. 1st DCA 2007) (“The order of dismissal is clearly final when, for instance, the claim could only be pursued by filing a new complaint, or where there was a…

2Cases cited9 opinions

  1. Carlton v. Wal-Mart Stores, Inc.District Court of Appeal of Florida · 1993
  2. Hinote v. Ford Motor Co.District Court of Appeal of Florida · 2007
  3. Valcarcel v. CHASE BANK USA NADistrict Court of Appeal of Florida · 2010
  4. Florida Marine Fisheries v. PringleDistrict Court of Appeal of Florida · 1999
  5. Norman v. AmblerDistrict Court of Appeal of Florida · 2010

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.District Court of Appeal of Florida · 2021
  2. Puig v. Sazerac Company, Inc.District Court, M.D. Florida · 2024

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API