NANCY ELIZABETH MOODY, APPELLANT,
v.
DANNY M. MOODY, APPELLEE
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PER CURIAM.
This is an action for interpleader in which appellant and appellee are the interpleaded codefendants. Appellant seeks to appeal (1) an order denying appellant’s motion to set aside a default previously entered against her by the clerk, (2) an order denying appellant’s motion for clarification of an order of interpleader and determining that appellant may not present any evidence at all in any further proceedings regarding the disposition of funds deposited in the registry of the court, and (3) an order denying appellant’s request to establish or otherwise delineate the factual issues existing between her and appellee. None of these orders is a final order within the contemplation of Fla. R.App.P. 9.030(b)(1)(A). Likewise, none of these orders is within the category of nonfi-nal orders specified in Fla.R.App.P. 9.130(a) as nonfinal orders which may be reviewed by appeal. Praet v. Martinez, 367 So. 2d 657 (Fla.3d DCA 1979). Since none of the orders is appealable, the appeal is dismissed sua sponte. Arnold v. Brady, 178 So. 2d 732 (Fla.2d DCA 1965); Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla.3d DCA 1958).
GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.
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Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison, 411 So. 2d 190 (Fla. 1982)…an order denying a motion to vacate a default. We determine that since such an order is not appealable under either Rule 9.110 or Rule 9.130, Florida Rules of Appellate Procedure, we are without jurisdiction to consider this appeal. Moody v. Moody, 371 So. 2d 553 (Fla. 2d DCA 1979). 384 So. 2d at 281. In Silva, the third district court was likewise confronted with the question of whether an order denying a motion to vacate a default is appealable under Rule 9.130(a)(3)(C)(iv), Florida Rules of Appellate Pr…1 / 2
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Yates v. Roller Skating Rinks Inc., 379 So. 2d 1333 (Fla. 5th DCA 1980)…l judgment as opposed to a simple default.2 It is not reviewable by interlocutory appeal. Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979); Sec. Motors v. Fiat Motors of North America, 373 So. 2d 396 (Fla. 1st DCA 1979). See also Moody v. Moody, 371 So. 2d 553 (Fla. 2d DCA 1979). Absent an extraordinary situation not posed by this case, this kind of order is also not reviewable by means of petition for common law certiorari, and we decline to treat this appeal as an application for a common law writ of ce…
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Caribbean Agencies, Inc. v. Agri-Export, Inc., 384 So. 2d 281 (Fla. 4th DCA 1980)…he default is denied. The Second District addressed this issue and dismissed an appeal in reliance on Praet v. Martinez, supra, which, as indicated previously, involved an order granting, not denying, a motion to set aside a default. Moody v. Moody, 371 So. 2d 553 (Fla. 2d DCA 1979). Because of the court’s misapplication of Praet, supra, Moody is not persuasive authority on the precise point involved here. Rule 9.130(a)(3)(C)(iv) of the Florida Rules of Appellate Procedure provides for appellate review of a…1 / 2
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- Renard v. Kirkeby Hotels, Inc., 99 So. 2d 719 (Fla. 3d DCA 1958)
- Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979)
- Zora Mae Arnold v. Louis R. Brady, M.D., 178 So. 2d 732 (Fla. 2d DCA 1965)