MERRILL W. MACDONALD AND RAYMOND W. MACDONALD, APPELLANTS,
v.
R.A. INVESTMENTS LIMITED, APPELLEE
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[*917] PER CURIAM.
We affirm the final judgment of the circuit court granting default judgment in favor of appellee, R.A. Investments Limited and against appellants Merrill and Raymond MacDonald. The final judgment requires appellants, as sellers, to perform certain preliminary acts called for in the contract between the parties for the sale of real property located in the Bahamas. As appellee conceded at oral argument, the final judgment does not purport to, and cannot, require the transfer of title to, or the conveyance of, property located in the Bahamas. See Ruth v. Dep’t of Legal Affairs, 684 So. 2d 181 (Fla.1996); State, Dep’t of Natural Res. v. Antioch Univ., 583 So. 2d 869, 872 (Fla. 1st DCA 1988); McMullen v. McMullen, 122 So. 2d 626 (Fla. 2d DCA 1960).
AFFIRMED.
KLEIN, STEVENSON and TAYLOR, JJ., concur.
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Citator
Cited By
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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)…-final because the case remains pending to determine damages. Such an order is not appealable,1 nor should it be reviewed by certiorari, as there is an adequate remedy by plenary appeal from a final judgment. See MacDonald v. R.A. Investments, Ltd., 830 So. 2d 916 (Fla. 4th DCA 2002) (affirming final judgment granting a default). When a court sets aside a clerk’s default, the defendant’s expense of having to proceed to trial is not recognized by the courts as being the type of irreparable injury justifying ce…
Authorities Cited
- Ruth v. Dep't OF Legal Affairs, 684 So. 2d 181 (Fla. 1996)
- McMULLEN v. McMULLEN, 122 So. 2d 626 (Fla. 2d DCA 1960)