Miller v. Samuel E. Mason, Co.
This text of 917 So. 2d 310 (Miller v. Samuel E. Mason, Co.) 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.
Opinion
Danny MILLER, Appellant,
v.
SAMUEL E. MASON, CO., Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
Louis A. Vargas, General Counsel, Tallahassee, for Appellee.
PER CURIAM.
Upon consideration of the appellant's response to the Court's order of October 10, 2005, the Court has determined that the "Order Denying Motion for Reconsideration of Granting Motion to Set Aside Default as to Defendant Samuel E. Mason," is not an appealable order. Specifically, because the underlying order granting a motion to set aside a clerk's default is not a final order or judgment, see Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003), the order denying the appellant's motion for reconsideration is not reviewable. See Bennett's Leasing, Inc. v. First Street Mortgage Corp., 870 So.2d 93 (Fla. 1st DCA 2003) (holding that an order on a motion to vacate directed to nonfinal order is not appealable). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
BARFIELD, WOLF, and BROWNING, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
917 So. 2d 310, 2005 Fla. App. LEXIS 20141, 2005 WL 3487874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-samuel-e-mason-co-fladistctapp-2005.