Carbajal v. De La Caridad Paz

Plaintiff below appeals from a nonfinal order vacating a default and default judgment on liability. We dismiss the appeal, as the order is not an appealable nonfinal order under Fla. R.App. P. 9.130.

Plaintiff sued defendant for a variety of claims arising from his alleged sexual assault upon her. Throughout the civil litigation, defendant, who has a second-grade education and is illiterate, has been incarcerated awaiting trial on the criminal charges. His defense to both the civil and criminal actions is that the sexual encounter was consensual. Defendant has won seven million dollars in the…