Legal Opinion

Todd v. Citimortgage, Inc.

District Court of Appeal of Florida

Decided July 10, 2015No. 5D14-3338PublishedCited by 2 opinions

1Opinion of the CourtLambert, J.

Appellants, Robert Todd and Jennifer Todd, appeal the trial court’s order denying their motion to vacate the judicial defaults entered against them. Appellants argue that the defaults were erroneously entered without notice to them and while their motion to quash service of process was pending. We dismiss their appeal for lack of jurisdiction because an order denying a motion to set aside a judicial default is not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3). Cf. BMW Fin. Servs. NA, LLC v. Alger, 834 So.2d 408, 409 (Fla. 5th DCA 2003) (holding that a…

2Cases cited2 opinions

  1. Dawkins, Inc. v. HuffDistrict Court of Appeal of Florida · 2003
  2. BMW Financial Services NA, LLC v. AlgerDistrict Court of Appeal of Florida · 2003

3Cited by2 opinions

  1. Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLCDistrict Court of Appeal of Florida · 2024
  2. Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLCDistrict Court of Appeal of Florida · 2024

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