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Hemmerle v. Miceli

District Court of Appeal of Florida, Second District
Mar 7, 1984
445 So. 2d 1151 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2298.

March 7, 1984.

Appeal from the Circuit Court, Lee County, William J. Nelson, J.

Kenneth V. Hemmerle, pro se.

Thomas F. Kiesel and Barry R. Hillmyer of Waldorf Kiesel, Fort Myers, for appellees.


Kenneth Hemmerle, plaintiff below, appeals a nonfinal order which granted a motion by Michael Miceli, individually and as beneficiary of Land Trust No. 5248 of National Trust Company of Naples, defendants below, to set aside a clerk's default. It appears that this nonfinal order did not also set aside a final judgment of default. In fact, it seems that a final default judgment had never been rendered. We therefore dismiss this interlocutory appeal for lack of jurisdiction. Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979); Broward Employment Training Administration v. Community Partnership Program, Inc., 422 So.2d 1101 (Fla. 4th DCA 1982). Compare Howard v. McAuley, 436 So.2d 392 (Fla. 2d DCA 1983).

DISMISSED.

SCHEB and LEHAN, JJ., concur.


Summaries of

Hemmerle v. Miceli

District Court of Appeal of Florida, Second District
Mar 7, 1984
445 So. 2d 1151 (Fla. Dist. Ct. App. 1984)
Case details for

Hemmerle v. Miceli

Case Details

Full title:KENNETH V. HEMMERLE, APPELLANT, v. MICHAEL MICELI, INDIVIDUALLY, AND…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 7, 1984

Citations

445 So. 2d 1151 (Fla. Dist. Ct. App. 1984)

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