CURIAM. James Resmondo’s claim for permanent total disability benefits was premature. He had neither reached maximum medical improvement nor received ninety-eight weeks of temporary benefits at the time of the final hearing. See City of Pensacola Firefighters v. Oswald, 710 So.2d 95 (Fla. 1st DCA 1998). We reverse the order awarding permanent total disability benefits and remand with directions that the judge of compensation claims dismiss the petition for benefits without prejudice to the filing of a subsequent petition for permanent total disability benefits if the facts warrant. See Holder v. Keller Kitchen Cabinets, 610 So.2d 1264, 1267 (Fla.1992) (<HOLDING>). REVERSED and REMANDED. BOOTH, BENTON and
holding that an order stricken as addressing a premature claim is not res judicata as to the merits of the claim holding that an unappealed order is a final judgment on the merits for res judicata purposes holding that an unappealed contempt order by a bankruptcy court is a final judgment on the merits for res judicata purposes holding that res judicata is not applicable to a claim for relief that was unavailable in the earlier action holding that under federal law the dismissal of a claim as timebarred is adjudication of merits for purposes of res judicata