Broward Employment, Etc. v. Community, Etc.

District Court of Appeal of Florida

Broward Employment, Etc. v. Community, Etc.

422 So. 2d 1101

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1982

Docket82-79

StatusPublished

Cited by6 cases

This text of 422 So. 2d 1101 (Broward Employment, Etc. v. Community, Etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broward Employment, Etc. v. Community, Etc., 422 So. 2d 1101 (Fla. Ct. App. 1982).

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Opinion

422 So.2d 1101 (1982)

BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, Appellant,
v.
COMMUNITY PARTNERSHIP PROGRAM, INC., a Florida Not-for Profit-Corporation, Appellee.

No. 82-79.

District Court of Appeal of Florida, Fourth District.

December 8, 1982.

Harry A. Stewart, Gen. Counsel, and Rochelle J. Daniels, Asst. Gen. Counsel, Ft. Lauderdale, for appellant.

Zebedee W. Wright, Fort Lauderdale, for appellee.

PER CURIAM.

This appeal seeks review of an order by the trial court which granted appellee's motion to set aside a default which the trial judge had previously entered pursuant to Florida Rule of Civil Procedure 1.500(b). No final judgment had ever been entered.

Under such circumstances, this court, as well as our sister courts, have held that the order setting aside such default was not appealable pursuant to Florida Rule of Appellate Procedure 9.130. McKinzie v. Hollywood, Inc., 397 So.2d 1195 (Fla. 4th DCA 1981); Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979); Yates v. Roller Skating Rinks, Incorporated, 379 So.2d 1333 (Fla. 5th DCA 1980). It is similarly not reviewable by certiorari. Leibman v. Sportatorium, Inc., 374 So.2d 1124 (Fla. 4th DCA 1979). Accordingly, the appeal is dismissed.

LETTS, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.

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422 So.2d 1101 (1982)

BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, Appellant,
v.
COMMUNITY PARTNERSHIP PROGRAM, INC., a Florida Not-for Profit-Corporation, Appellee.

No. 82-79.

District Court of Appeal of Florida, Fourth District.

December 8, 1982.

Harry A. Stewart, Gen. Counsel, and Rochelle J. Daniels, Asst. Gen. Counsel, Ft. Lauderdale, for appellant.

Zebedee W. Wright, Fort Lauderdale, for appellee.

PER CURIAM.

This appeal seeks review of an order by the trial court which granted appellee's motion to set aside a default which the trial judge had previously entered pursuant to Florida Rule of Civil Procedure 1.500(b). No final judgment had ever been entered.

Under such circumstances, this court, as well as our sister courts, have held that the order setting aside such default was not appealable pursuant to Florida Rule of Appellate Procedure 9.130. McKinzie v. Hollywood, Inc., 397 So.2d 1195 (Fla. 4th DCA 1981); Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979); Yates v. Roller Skating Rinks, Incorporated, 379 So.2d 1333 (Fla. 5th DCA 1980). It is similarly not reviewable by certiorari. Leibman v. Sportatorium, Inc., 374 So.2d 1124 (Fla. 4th DCA 1979). Accordingly, the appeal is dismissed.

LETTS, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.

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422 So. 2d 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broward-employment-etc-v-community-etc-fladistctapp-1982.

Opinion

BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, Appellant, v. COMMUNITY PARTNERSHIP PROGRAM, INC., a Florida Not-for Profit-Corporation, Appellee.

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BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, Appellant,
v.
COMMUNITY PARTNERSHIP PROGRAM, INC., a Florida Not-for Profit-Corporation, Appellee.