KENNETH V. HEMMERLE, APPELLANT,
v.
MICHAEL MICELI, INDIVIDUALLY, AND MICHAEL MICELI AS BENEFICIARY OF LAND TRUST NO. 5248 OF NATIONAL TRUST COMPANY OF NAPLES, APPELLEES
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A minor son, as assignee of his mother who pleaded guilty to manslaughter for killing his father (the insured), appeals a summary judgment denying him life insurance proceeds.
A guilty plea to manslaughter does not conclusively establish that the killing was intentional for the purpose of barring life insurance proceeds.
The primary beneficiary, who pleaded guilty to manslaughter for killing the insured, assigned her claim to her minor son. The estate and the insured's…
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HOBSON, Acting Chief Judge.
Kenneth Hemmerle, plaintiff below, appeals a nonfinal order which granted a motion by Michael Miceli, individually and as beneficiary of Land Trust No. 5248 of National Trust Company of Naples, defendants below, to set aside a clerk’s default. It appears that this nonfinal order did not also set aside a final judgment of default. In fact, it seems that a final default 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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Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979)
- Broward Employment and Training Administration v. Cmty. P'ship Program, Inc., 422 So. 2d 1101 (Fla. 4th DCA 1982)
- Phrances Howard v. McAULEY, 436 So. 2d 392 (Fla. 2d DCA 1983)