Legal Opinion

Hall v. Reynolds

District Court of Appeal of Florida

Decided February 20, 2019No. Case No. 2D18-2948Published

1Per curiam

We dismiss the petition for writ of certiorari as it relates to the portion of the order setting aside the clerk's default and denying Mr. Hall's motion for default judgment. See Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003) ("[W]e must dismiss this appeal. 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). Absent extraordinary circumstances, such an order is also not reviewable by certiorari, as certiorari should not be used to circumvent the appellate rule which limits…

2Cases cited2 opinions

  1. Dawkins, Inc. v. HuffDistrict Court of Appeal of Florida · 2003
  2. Rodriguez v. Young America Corp.District Court of Appeal of Florida · 1998

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