ROSALIE M. FASCETTI, APPELLANT,
v.
MICHAEL T. FASCETTI, APPELLEE

Fla. 4th DCA | 2001-09-26
No. 4D01-2926
POLEN, C.J., GUNTHER and WARNER, JJ., concur.
795 So. 2d 1094 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Ammy M. kogan v. Mildenberger, 127 So. 3d 831 (Fla. 3d DCA 2013)
    …. Madison, 411 So. 2d 190, 191 (Fla.1982). “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.” ’ Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) (quoting Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment)). No remaining section of Rule 9.130 allows for an immediate appeal of the instant order. Here, Kogan appeals the trial court’s entry of a Default Judgment o…
  • 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.”…
  • …r otherwise. Seasons Gardens’ jurisdictional argument has merit. Each of the defaults entered against Seasons Gardens is a non-final, non-appealable order. Specifically, “[c]lerk’s defaults are not independently appealable.” Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001); see also Kudriaszow-Zwerle v. Stopper, 29 So. 3d 301 (Fla. 2d DCA 2010) (table) (dismissing appeal from clerk’s default). Likewise, an order entering a judicial default is not a final appealable order, as it does not put…

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