Hall v. Reynolds

District Court of Appeal of Florida

Hall v. Reynolds

268 So. 3d 829

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 2019

DocketCase No. 2D18-2948

StatusPublished

This text of 268 So. 3d 829 (Hall v. Reynolds) 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

Hall v. Reynolds, 268 So. 3d 829 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM.

We dismiss the petition for writ of certiorari as it relates to the portion of the order setting aside the clerk's default and denying Mr. Hall's motion for default judgment. See Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003) ("[W]e must dismiss this appeal. An order on a motion to set aside a clerk's default is not an appealable, non-final order under Florida Rule of Appellate Procedure 9.130(a)(3). Absent extraordinary circumstances, such an order is also not reviewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits interlocutory review of non-final orders." (citation and footnote omitted) ); Rodriguez v. Young Am. Corp., 717 So.2d 621, 621 (Fla. 3d DCA 1998) ("Because the appellants seek review of an order setting aside the entry of a default as opposed to a default judgment, we sua sponte dismiss this appeal for lack of jurisdiction."). Having carefully reviewed the record as to Mr. Hall's remaining arguments, we deny the petition for writ of certiorari as the trial court did not depart from the essential requirements of law.

Dismissed in part; denied in part.

VILLANTI, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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PER CURIAM.

We dismiss the petition for writ of certiorari as it relates to the portion of the order setting aside the clerk's default and denying Mr. Hall's motion for default judgment. See Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003) ("[W]e must dismiss this appeal. An order on a motion to set aside a clerk's default is not an appealable, non-final order under Florida Rule of Appellate Procedure 9.130(a)(3). Absent extraordinary circumstances, such an order is also not reviewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits interlocutory review of non-final orders." (citation and footnote omitted) ); Rodriguez v. Young Am. Corp., 717 So.2d 621, 621 (Fla. 3d DCA 1998) ("Because the appellants seek review of an order setting aside the entry of a default as opposed to a default judgment, we sua sponte dismiss this appeal for lack of jurisdiction."). Having carefully reviewed the record as to Mr. Hall's remaining arguments, we deny the petition for writ of certiorari as the trial court did not depart from the essential requirements of law.

Dismissed in part; denied in part.

VILLANTI, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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Bluebook (online)

268 So. 3d 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-reynolds-fladistctapp-2019.

Opinion

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