Summary
holding that an order which sets aside a clerk's default is not appealable as a non-final order, and since there is an adequate remedy by plenary appeal, certiorari review is also generally not available
Summary of this case from Dawkins v. HuffOpinion
No. 98-1937
October 16, 1998
Non-Final Appeal from the Circuit Court for Orange County; Jeffords D. Miller, Judge.
Scott J. Liotta of The Law Offices of James Richard Hooper, Orlando, for Appellants.
Esther E. Galicia of George, Hartz, Lundeen, Flagg Fulmer, Fort Lauderdale, for Appellee.
ON MOTION TO DISMISS
Florida Fruit and Vegetable Association, Inc. moved to dismiss this appeal filed by Patricia and John Kolb. The Kolbs are appealing from an order which granted the Association's motion to set aside a default judgment, which had been entered by the Clerk. No judgment has been entered by the trial court.
We have held that an order of the trial court which sets aside a clerk's default is not appealable as a non-final order. In addition, since there is an adequate remedy by plenary appeal at the conclusion of the case, certiorari review is generally also not available. Collins v. Penske Truck Leasing, 668 So.2d 343 (Fla. 5th DCA 1996); Tieche v. Florida Physicians Insurance Reciprocal, 431 So.2d 287 (Fla. 5th DCA 1983).
Accordingly we dismiss this appeal for lack of jurisdiction.
Appeal DISMISSED.
HARRIS and ANTOON, JJ., concur.