LEONIDAS T. HINES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Liberty Commc'ns, Inc. v. MCI Telecomms. Corp., 733 So. 2d 571 (Fla. 5th DCA 1999)
  …this court ruled that it did not have jurisdiction to review the order granting the motion to dismiss, see Welch v. Resolution Trust Corp., 590 So. 2d 1098 (Fla. 5th DCA 1991), or the order vacating the default, see Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996). This court further ruled that it had jurisdiction to review the portion of the order granting the motion to compel arbitration. See Fla. RApp. P. 9.130(a)(3)(v). Upon further consideration it is apparent that the order granting…
• BMW Fin. Servs. NA, LLC v. Elana B. Alger and Edmund W. Alger, III, 834 So. 2d 408 (Fla. 5th DCA 2003)
  …that a trial court’s order which sets aside a clerk’s default is not appealable as a non-final order and, since there is an adequate remedy by plenary appeal, certiorari review is also generally not available. Accord Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996) (denying petition for certio-rari review of order which granted motion to set aside clerk’s default since no extraordinary grounds for relief were alleged). The same is true when the trial court enters an order denying a motion…
• Kolb v. Fla. Fruit & Vegetable Ass'n, Inc., 718 So. 2d 957 (Fla. 5th DCA 1998)
  …sets aside a clerk’s default is not appealable as a non-final order. In addition, since there is an adequate remedy by plenary appeal at the conclusion of the case, certiora-ri review is generally also not available. Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996); Tieche v. Florida Physicians Insurance Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983). Accordingly we dismiss this appeal for lack of jurisdiction. Appeal DISMISSED. HARRIS and ANTOON, JJ., concur.…

Authorities Cited

• Meader v. State, 665 So. 2d 344 (Fla. 4th DCA 1995)