ROSALIE M. FASCETTI, APPELLANT,
v.
MICHAEL T. FASCETTI, APPELLEE
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PER CURIAM.
We dismiss this appeal of a clerk’s default and of the order denying appellant’s motion to vacate that default. Clerk’s defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently appealable. The latter, which are non-final orders, were appealable under Florida Rule of Appellate Procedure 9.130 which provided for appeal of non-final orders determining the issue of liability in favor of a party seeking affirmative relief. See Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So. 2d 190, 191 (Fla.1982); Americana Assocs., Ltd. v. Coleus, 697 So. 2d 573, 573 n. 1 (Fla. 5th DCA 1997). However, that provision of rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now “are not appealable until the conclusion of the case.” Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment). Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.
Appeal dismissed.
POLEN, C.J., GUNTHER and WARNER, JJ., concur.
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Int'l House OF Pancakes (Ihop) v. Robinson, 124 So. 3d 1004 (Fla. 4th DCA 2013)…(citing Bruno v. A.E. Handy & Assocs., Inc., 787 So. 2d 251, 252 (Fla. 5th DCA 2001)); BMW Fin. Servs. NA, LLC v. Alger, 834 So. 2d 408, 409 (Fla. 5th DCA 2003); Dawkins, Inc. v. Huff, 836 So. 2d 1062, 1065 (Fla. 5th DCA 2003); Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001); see also Shell v. Foulkes, 19 So. 3d 438, 440 (Fla. 4th DCA 2009) (“Courts do not have any general jurisdiction under the appellate rules to review non-final orders-such as the entry of a default without a final judgment.”…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison, 411 So. 2d 190 (Fla. 1982)
- Americana Assocs., Ltd. v. Thelemaque Coleus, 697 So. 2d 573 (Fla. 5th DCA 1997)