Hemmerle v. Miceli

District Court of Appeal of Florida

Hemmerle v. Miceli

445 So. 2d 1151, 1984 Fla. App. LEXIS 12097

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 1984

DocketNo. 83-2298

StatusPublished

Cited by4 cases

This text of 445 So. 2d 1151 (Hemmerle v. Miceli) 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

Hemmerle v. Miceli, 445 So. 2d 1151, 1984 Fla. App. LEXIS 12097 (Fla. Ct. App. 1984).

Pincite

Opinion

HOBSON, Acting Chief Judge.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

HOBSON, Acting Chief Judge.

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.

Cite This Page — Counsel Stack

Bluebook (online)

445 So. 2d 1151, 1984 Fla. App. LEXIS 12097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemmerle-v-miceli-fladistctapp-1984.

Opinion

Related

Cite This Page — Counsel Stack