DANNY MILLER, APPELLANT,
v.
SAMUEL E. MASON, CO., APPELLEE
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PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of October 10, 2005, the Court has determined that the “Order Denying Motion for Reconsideration of Granting Motion to Set Aside Default as to Defendant Samuel E. Mason,” is not an appealable order. Specifically, because the underlying order granting a motion to set aside a clerk’s default is not a final order or judgment, see Dawkins, Inc. v. Huff, 836 So. 2d 1062, 1065 (Fla. 5th DCA 2003), the order denying the appellant’s motion for reconsideration is not reviewable. See Bennett’s Leasing, Inc. v. First Street Mortgage Corp., 870 So. 2d 93 (Fla. 1st DCA 2003) (holding that an order on a motion to vacate directed to nonfinal order is not appealable). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
BARFIELD, WOLF, and BROWNING, JJ., concur.
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Westwood ONE, Inc. v. Flight Express, Inc., 940 So. 2d 1241 (Fla. 5th DCA 2006)…me time the order granting Flight Express' motion for default does not qualify for review as a final, appealable order since it is simply an order granting a motion, not an order entering a final default judgment. See Miller v. Samuel E. Mason, Co., 917 So. 2d 310 (Fla. 1st DCA 2005)(explaining that an order granting a motion to set aside a clerk's default is not a final order or judgment).…
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ICE v. The Cosmopolitan Residences on S. Beach, 237 So. 3d 408 (Fla. 3d DCA 2017)…ercise of wrongful dominion and control over the property to the detriment of the rights of the actual owner." Envases Venezolanos, S.A. v. Collazo, 559 So. 2d 651, 652 (Fla. 3d DCA 1990) ; John Hall Elec. Contracting, Inc. v. Allstate Const., Inc., 917 So. 2d 310, 311 (Fla. 1st DCA 2005). The Complaint's allegations impute the Association's agents' (property manager's and security guard's) statements and conduct to the Association, including statements and actions exercising intentional control over Mr. Ice'…
Authorities Cited
- Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93 (Fla. 1st DCA 2003)
- Mack v. State, 836 So. 2d 1062 (Fla. 3d DCA 2003)