Fascetti v. Fascetti

District Court of Appeal of Florida

Fascetti v. Fascetti

795 So. 2d 1094, 2001 Fla. App. LEXIS 13452, 2001 WL 1131680

CourtDistrict Court of Appeal of Florida

DecidedSeptember 26, 2001

DocketNo. 4D01-2926

StatusPublished

Cited by8 cases

This text of 795 So. 2d 1094 (Fascetti v. Fascetti) 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.

Bluebook

Fascetti v. Fascetti, 795 So. 2d 1094, 2001 Fla. App. LEXIS 13452, 2001 WL 1131680 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We dismiss this appeal of a clerk’s default and of the order denying appellant’s motion to vacate that default. Clerk’s defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently ap-pealable. The latter, which are non-final orders, were appealable under Florida Rule of Appellate Procedure 9.130 which provided for appeal of non-final orders determining the issue of liability in favor of a party seeking affirmative relief. See Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So.2d 190, 191 (Fla.1982); Americana Assocs., Ltd. v. Coleus, 697 So.2d 573, 573 n. 1 (Fla. 5th DCA 1997). However, that provision of rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now “are not ap-pealable until the conclusion of the case.” Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment). Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.

Appeal dismissed.

POLEN, C.J., GUNTHER and WARNER, JJ., concur.

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PER CURIAM.

We dismiss this appeal of a clerk’s default and of the order denying appellant’s motion to vacate that default. Clerk’s defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently ap-pealable. The latter, which are non-final orders, were appealable under Florida Rule of Appellate Procedure 9.130 which provided for appeal of non-final orders determining the issue of liability in favor of a party seeking affirmative relief. See Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So.2d 190, 191 (Fla.1982); Americana Assocs., Ltd. v. Coleus, 697 So.2d 573, 573 n. 1 (Fla. 5th DCA 1997). However, that provision of rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now “are not ap-pealable until the conclusion of the case.” Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment). Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.

Appeal dismissed.

POLEN, C.J., GUNTHER and WARNER, JJ., concur.

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Bluebook (online)

795 So. 2d 1094, 2001 Fla. App. LEXIS 13452, 2001 WL 1131680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fascetti-v-fascetti-fladistctapp-2001.

Opinion

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