MANUEL RODRIGUEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARRY RODRIGUEZ, DECEASED, FOR THE ESTATE AND ON BEHALF OF THE SURVIVORS, TO WIT: MANUEL RODRIGUEZ AND ZENAIDA RODRIGUEZ, AND ZENAIDA RODRIGUEZ, INDIVIDUALLY, AND MANUEL RODRIGUEZ, HER HUSBAND, APPELLANTS,
v.
YOUNG AMERICA CORP., D/B/A TUTOR TIME, A FLORIDA CORPORATION, APPELLEE
MANUEL RODRIGUEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARRY RODRIGUEZ, DECEASED, FOR THE ESTATE AND ON BEHALF OF THE SURVIVORS, TO WIT: MANUEL RODRIGUEZ AND ZENAIDA RODRIGUEZ, AND ZENAIDA RODRIGUEZ, INDIVIDUALLY, AND MANUEL RODRIGUEZ, HER HUSBAND, APPELLANTS,
YOUNG AMERICA CORP., D/B/A TUTOR TIME, A FLORIDA CORPORATION, APPELLEE
717 So. 2d 621
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Because the appellants seek review of an order setting aside the entry of a default as opposed to a default judgment, we sua sponte dismiss this appeal for lack of jurisdiction. See Collins v. Penske Truck Leasing, 668 So. 2d 343, 344 (Fla. 5th DCA 1996); M & M Aircraft Sens., Inc. v. 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garrett Medeiros v. Firth, 200 So. 3d 121 (Fla. 5th DCA 2016)…edure 9.130(a)(3). Because the rule does not authorize an appeal from an order vacating a default and/or vacating a default judgment as to liability, we are compelled to dismiss this appeal for lack of jurisdiction. See Rodriguez v. Young Am. Corp., 717 So. 2d 621 (Fla. 3d DCA 1998); Yates v. Roller Skating Rinks Inc., 379 So. 2d 1333, 1334 (Fla. 5th DCA 1980). APPEAL DISMISSED. TORPY and LAMBERT, JJ., concur. . Duncan, entered into a settlement agreement with Medeiros and is not a party to this appeal. .…
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Wendall Hall v. Captain Bush, 268 So. 3d 829 (Fla. 2d DCA 2019)
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Pannell v. Triangle/Oaks Ltd. P'ship, 783 So. 2d 325 (Fla. 1st DCA 2001)…rder vacating a default (not a default judgment) entered by the trial court. The order of which Pannell seeks review is not an ap-pealable non-final order pursuant to Florida Rule of Appellate Procedure 9.130. E.g., Rodriguez v. Young America Corp., 717 So. 2d 621 (Fla. 3d DCA 1998) (citing numerous cases). See also Philip J. Pado-vano, Florida Appellate Practice § 22.16, at 431-32 (2d ed.1997). Because Pannell candidly “concedes she cannot show a departure from the essential requirements of law under the cer…
Authorities 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)
- Leonidas T. Hines v. State, 668 So. 2d 343 (Fla. 5th DCA 1996)
- Desia Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996)
- Picardi v. Flota Venezolana DE MAR RIO Y Lago, 555 So. 2d 1301 (Fla. 3d DCA 1990)
- M & M Aircraft Servs., Inc. v. J.D. Valenciana de Aviacion, Inc., 644 So. 2d 548 (Fla. 3d DCA 1994)
- Weislander v. City OF Sunrise, 399 So. 2d 80 (Fla. 4th DCA 1981)