BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, APPELLANT,
v.
COMMUNITY PARTNERSHIP PROGRAM, INC., A FLORIDA NOT-FOR PROFIT-CORPORATION, APPELLEE
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PER CURIAM.
This appeal seeks review of an order by the trial court which granted appellee’s motion to set aside a default which the trial judge had previously entered pursuant to Florida Rule of Civil Procedure 1.500(b). No final judgment had ever been entered.
Under such circumstances, this court, as well as our sister courts, have held that the order setting aside such default was not appealable pursuant to Florida Rule of Appellate Procedure 9.130. McKinzie v. Hollywood, Inc., 397 So. 2d 1195 (Fla. 4th DCA 1981); Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979); Yates v. Roller Skating Rinks, Incorporated, 379 So. 2d 1333 (Fla. 5th DCA 1980). It is similarly not reviewable by certiorari. Leibman v. Sportatorium, Inc., 374 So. 2d 1124 (Fla. 4th DCA 1979). Accordingly, the appeal is dismissed.
LETTS, C.J., and DOWNEY and GLICK-STEIN, JJ., concur.
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Minerva C. Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983)…is issue have concluded also that an order setting aside a simple default is entered under Rule 1.500(d) and not under Rule 1.540(b), and is thus non-appeala-ble. Broward Employment and Training Administration v. Community Partnership Program, Inc., 422 So. 2d 1101 (Fla. 4th DCA 1982). The fact that appellee may have argued to the trial court that he was entitled to relief under Rule 1.540 would not make it so, and there is nothing in the order or in the transcript of proceedings to conclude that the trial cou…
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Kenneth v. Hemmerle, 445 So. 2d 1151 (Fla. 2d DCA 1984)…ult judgment had never been rendered. We therefore dismiss this interlocutory appeal for lack of jurisdiction. Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979); Broward Employment & Training Administration v. Community Partnership Program, Inc., 422 So. 2d 1101 (Fla. 4th DCA 1982). Compare Howard v. McAuley, 436 So. 2d 392 (Fla. 2d DCA 1983). DISMISSED. SCHEB and LEHAN, JJ„ concur.…
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Rodriguez v. Young Am. Corp., 717 So. 2d 621 (Fla. 3d DCA 1998)…J.D. Valenciana de Aviacion, Inc., 644 So. 2d 548, 548-49 (Fla. 3d DCA 1994); Picardi v. (Flota Vene-zolana) De Mar Rio Y Lago, 555 So. 2d 1301, 1302 (Fla. 3d DCA 1990); Broward Employment and Training Admin, v. Community Partnership Program, Inc., 422 So. 2d 1101, 1101 (Fla. 4th DCA 1982); Weislander v. City of Sunrise, 399 So. 2d 80, 80 (Fla. 4th DCA 1981); Praet v. Martinez, 367 So. 2d 657, 658 (Fla. 3d DCA 1979).…
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- Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979)
- Leibman v. Sportatorium, Inc., 374 So. 2d 1124 (Fla. 4th DCA 1979)
- Yates v. Roller Skating Rinks Inc., 379 So. 2d 1333 (Fla. 5th DCA 1980)
- Kenney v. Kunneman, 397 So. 2d 1195 (Fla. 4th DCA 1981)