DESIA COLLINS, PETITIONER,
v.
PENSKE TRUCK LEASING, AND JESSE H. JUSTICE, RESPONDENTS

Fla. 5th DCA | 1996-02-23
No. 96-64
DAUKSCH and COBB, JJ., concur.
668 So. 2d 343 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 6 cases
Topics
Plenary Appeal Clerk'S Default Excusable Neglect Certiorari Review

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Opinion of the Court
W. SHARP, Judge.

[*344] W. SHARP, Judge.

Collins petitions this court for certiorari review of the trial court’s order which granted Penske Truck Leasing’s motion to set aside a clerk’s default. Petitioner primarily argues that the respondent failed to proffer sufficient evidence of excusable neglect to justify the trial court’s action in setting aside the default. No extraordinary grounds for relief are alleged. We deny the writ.

It is well established that an order of a trial court which sets aside a clerk’s default is not appealable as a non-final order. Tieche v. Florida Physicians Insurance Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983). And, because there is an adequate remedy via a plenary appeal at the conclusion of the case, certiorari review is generally unavailable. Yates v. Roller Skating Rinks, Inc., 379 So. 2d 1333 (Fla. 5th DCA 1980). See also 83d A.L.R. 1272, Appealability of Order Setting Aside, or Refusing to Set Aside, Default Judgment, (1966) (1995 supp.).

Petition for Writ of Certiorari DENIED.

DAUKSCH and COBB, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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.…

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