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BENTON v. FLORIDA DEPT. OF CORRECTIONS

No. 1D00-3696.

782 So.2d 981 (2001)

Christopher Todd BENTON, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, First District.

April 12, 2001.

Attorney(s) appearing for the Case

Christopher Todd Benton, pro se, appellant.

Robert A. Butterworth, Attorney General, and Kimberly R. Wilcox, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

The trial court dismissed without prejudice appellant's 42 U.S.C. § 1983 claim for failure to demonstrate an exhaustion of his administrative remedies. Because the dismissal was without prejudice, the order is neither a final order nor an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130. See Augustin v. Blount, Inc., 573 So.2d 104 (Fla....

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