JOSEPH J. DANKO
v.
BANK OF AMERICA, N.A.
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An appellate court lacks jurisdiction to review a trial court's denial of a motion to vacate a default judgment when the motion is filed more than two years after entry of the judgment.
[1] A motion to vacate a default judgment must be filed within the time period prescribed by Florida law, and an appellate court lacks jurisdiction to review denial of an unt…
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Join FLexlaw to unlock all legal intelligenceDanko obtained a default final judgment against him on June 6, 2023. He moved to vacate it on July 11, 2023 (denied), and again on October 31, 2025 (d…
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Third District Court of Appeal
State of Florida
Opinion filed August 19, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-2273
Lower Tribunal No. 21-CA-0479-K
Joseph J. Danko,
Appellant,
vs.
Bank of America, N.A.,
Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J.
Koenig, Judge.
Joseph J. Danko, in proper person.
Andreu, Palma, Lavin & Solis, PLLC, and Carlos Cruanes, for appellee.
Before LINDSEY, GORDO, and BOKOR, JJ.
PER CURIAM.
Appellant moved to vacate a default final judgment entered in this case
on June 6, 2023. The trial court denied that motion on July 11,
2023. Appellant again moved to vacate that same default final judgment on
October 31, 2025. The trial court denied that motion on November 11, 2025.
Appellant now seeks to appeal the trial court's November 11, 2025
denial. We dismiss for lack of jurisdiction. See Parkhomchuck v. AlY, Inc.,
338 So. 3d 397, 400 (Fla. 3d DCA 2022).
Dismissed.
2
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