PATRICIA KOLB AND JOHN KOLB, HER HUSBAND, APPELLANT,
v.
FLORIDA FRUIT & VEGETABLE ASSOCIATION, INC., APPELLEE
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W. SHARP, Judge.
Florida Fruit and Vegetable Association, Inc. moved to dismiss this appeal filed by Patricia and John Kolb. The Kolbs are appealing from an order which granted the Association’s motion to set aside a default judgment, which had been entered by the Clerk. No judgment has been entered by the trial court.
We have held that an order of the trial court which 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, certiorari 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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BMW Fin. Servs. NA, LLC v. Elana B. Alger and Edmund W. Alger, III, 834 So. 2d 408 (Fla. 5th DCA 2003)…f extraordinary circumstances, such an order is not reviewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits interlocutory review of non-final orders. In Kolb v. Florida Fruit & Vegetable Ass’n, Inc., 718 So. 2d 957 (Fla. 5th DCA 1998), this court held 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. Ac…
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Dees v. The Kidney Grp., LLC, 16 So. 3d 277 (Fla. 2d DCA 2009)…ed by the other two members of the company. The information appears relevant to Dees’ claims or reasonably calculated to lead to the discovery of admissible evidence. See Fla. R. Civ. P. 1.280(b)(1) (defining scope of discovery); cf. Kyker v. Lopez, 718 So. 2d 957 (Fla. 5th DCA 1998) (approving order that denied motion for protective order when requested information was discoverable). Accordingly, we grant the petition, quash the order under review, and remand for further proceedings. Petition granted. VILL…
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Dawkins, Inc. v. Huff, 836 So. 2d 1062 (Fla. 5th DCA 2003)…t extraordinary circumstances, such an order is also not renewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits interlocutory review of non-final orders. See Kolb v. Fla. Fruit & Vegetable Ass’n Inc., 718 So. 2d 957 (Fla. 5th DCA 1998) (holding that an order which sets aside a clerk’s default is not appealable as a non-final ordef, and since there is an adequate remedy by plenary appeal, certiorari review is also generally not available). Accord Collins v. Pens…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Minerva C. Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983)
- 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)