Rucker v. McGriff

This appeal from an order granting a motion to vacate a default is dismissed as a non-final nonappealable order as it does not appear from the record transmitted by the clerk that the Final Judgment was ever filed, and certainly from the transcripts of proceedings it appears that the court did not believe that a final judgment had been filed. See Broward Employment and Training Admin. v. Community Partnership Program, Inc., 422 So.2d 1101 (Fla. 4th DCA 1982). Cf. Humbert v. Ackerman, 541 So.2d 1229 (Fla. 3d DCA 1989) (defendant in action entitled to have default vacated where he filed his…