Legal Opinion
BMW Financial Services NA, LLC v. Alger
District Court of Appeal of Florida
Decided January 17, 2003No. 5D02-2685PublishedCited by 8 opinions
1Opinion of the CourtPalmer, J.
BMW Financial Services has filed a petition seeking certiorari review of an order denying its motion to set aside a clerk’s default. Concluding that this order is not properly reviewable by certiorari, we deny the petition.
An order on a motion to set aside a clerk’s default is not an appealable non-final order under Florida Rule of Appellate Procedure 9.130(a)(3). Additionally, absent a showing of extraordinary circumstances, such an order is not reviewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits interlocutory review of non-final orders.
In…
2Cases cited5 opinions
- Leibman v. Sportatorium, Inc.District Court of Appeal of Florida · 1979
- Collins v. Penske Truck LeasingDistrict Court of Appeal of Florida · 1996
- Kolb v. FL. FRUIT & VEGETABLE ASS'N, INC.District Court of Appeal of Florida · 1998
- Safetitle, Inc. v. Fidelity Nat. Title Ins.District Court of Appeal of Florida · 1997
- MacDonald v. R.A. Investments Ltd.District Court of Appeal of Florida · 2002
3Cited by8 opinions
- Dawkins, Inc. v. HuffDistrict Court of Appeal of Florida · 2003
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- 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
- International House of Pancakes v. RobinsonDistrict Court of Appeal of Florida · 2013
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