GRAHAM ELECTRONICS, INC., APPELLANT,
v.
HERBERT B. KEESER, D/B/A RITEWAY MAINTENANCE, APPELLEE
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Florida appellate court dismissed an appeal of an order setting aside a default where no final judgment had been entered, holding that such orders under Rule 1.500(d) are not reviewable on appeal.
An order setting aside a default under Florida Rule of Civil Procedure 1.500(d) is not reviewable on appeal when no final judgment has been entered.
[1] Orders setting aside defaults under Florida Rule of Civil Procedure 1.500(d) are not subject to appellate review when no final judgment has been entered.
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Join FLexlaw to unlock all legal intelligenceAppellant served a complaint on appellee, who failed to respond within the allotted time. The trial court entered a default but did not enter a defaul…
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COWART, Judge.
Appellant served a complaint on appellee, who failed to serve an answer or other responsive pleading within the allotted time. The trial court entered a default but entered no default judgment consequent thereon. Appellee filed a motion to set aside the default under Florida Rules of Civil Procedure 1.500(d) and also an amended notice to vacate default and set aside judgment under Florida Rule of Civil Procedure 1.540(b). The trial court entered an order setting aside the default expressly noting that no judgment had been entered. Appellant appeals the order setting aside the default.
Non-final orders vacating final judgments under Florida Rule of Civil Procedure 1.540 are reviewable under Florida Rule of Appellate Procedure 9.130(a)(5), but non-final orders setting aside defaults under Florida Rule of Civil Procedure 1.500(d) are not reviewable. See Tieche v. Florida Physicians Insurance Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983). Because there was no final judgment entered on the default in this case the order setting aside the default was authorized only under Florida Rule of Civil Procedure 1.500(d), not under Florida Rule of Civil Procedure 1.540, and since there is no provision for appellate review of such an order this appeal is
DISMISSED.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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Citator
Authorities Cited
- Minerva C. Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983)