MANANCIAL EVANGELICAL CHURCH, INC., D/B/A LIVING WATER CHURCH
v.
SLOAN FAMILY HOLDINGS, LLC
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An order denying a motion to vacate a clerk default and final default judgment is reviewable under Florida Rule of Appellate Procedure 9.130(a)(5), but an order denying a motion for final judgment on a specific count is not reviewable as a jurisdictional determination absent explicit findings on personal jurisdiction.
[1] An order denying a motion to vacate a clerk default and final default judgment is reviewable on appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(5) as an o…
[2] An order denying a motion for final judgment on a specific count of a complaint is not reviewable on appeal as a jurisdictional determination under Florida Rule of Appell…
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Join FLexlaw to unlock all legal intelligenceManancial Evangelical Church appealed two orders from the circuit court: one denying its motion to vacate a default judgment, and another denying Sloa…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-0138 Lower Tribunal No. 2023-CA-000690-O _____________________________
MANANCIAL EVANGELICAL CHURCH, INC., d/b/a LIVING WATER CHURCH, Appellant, v. SLOAN FAMILY HOLDING, INC., Appellee. _____________________________
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County. Heather Pinder Rodriguez, Judge.
September 6, 2024
PER CURIAM.
Manancial Evangelical Church, Inc. d/b/a Living Water Church (“Manancial”) appeals the entry of two orders, only one of which this Court has jurisdiction to review. The order denying Manancial’s motion to vacate a clerk default and final default judgment is reviewable pursuant to Florida Rule of Appellate Procedure 9.130(a)(5), as an order “entered on an authorized and timely motion for relief from judgment.” Having reviewed this order, we affirm without further discussion.
2
The second order appealed from is an order denying Sloan Family Holdings, LLC’s (“Sloan”) motion for final judgment as to Count II of the complaint. Manancial asserts the order is reviewable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) as an order which determines the jurisdiction of the person. We disagree. The order makes no findings concerning personal jurisdiction nor do we perceive the order as implicitly determining personal jurisdiction. We similarly conclude that the order is not reviewable via certiorari. Accordingly, without any means by which to review the nonfinal order, we are compelled to dismiss this portion of the appeal for lack of jurisdiction. AFFIRMED in part; DISMISSED in part. TRAVER, C.J., and NARDELLA and BROWNLEE, JJ., concur.
Chris Fisher and Amy J. Fisher, of Law Offices of Chris B. Fisher, P.A., Fort Lauderdale, for Appellant.
Andrew S. Ballentine, of Cornerstone Law Firm, PLLC, Winter Springs, for Appellee.