Tubero v. Ellis

The threshold issue is whether non-final orders entered in proceedings supplementary to execution are appealable under rule 9.130(a)(4), Fla.R.App.P. I would answer in the negative and dismiss this non-final appeal for lack of jurisdiction.

The background is simple. Ellis obtained a money judgment against Tubero. The judgment was not appealed nor challenged under rule 1.540(b), Fla.R.Civ.P. When execution remained unsatisfied, Ellis instituted proceedings supplementary, and attempted to depose Tubero pursuant to section 56.29(2), Florida Statutes (1983). Tubero, in turn, filed a motion for…