French v. Wellman

COWART, Judge.

This is an appeal from an interlocutory order granting a motion to set aside a default.

Appellees initially filed a motion to dismiss this appeal, arguing this court did not have jurisdiction, citing Yates v. Roller Skating Rinks, Inc., 379 So.2d 1333 (Fla. 5th DCA 1980). Based on appellants’ response, appellees conceded and withdrew the motion to dismiss. Appellees erred, not in filing their motion to dismiss, but in withdrawing it. In Yates, we held that an order granting1 a motion to set aside a default, as distinguished from an order setting aside a judgment entered on a…