Legal Opinion

Bache, Halsey, Stuart, Shields, Inc. v. Mendoza

District Court of Appeal of Florida

Decided May 5, 1981No. 80-1933PublishedCited by 1 opinion

1Opinion of the Court

BASKIN, Judge.

An order granting a motion to vacate a default is not appealable. Yates v. Roller Skating Rinks, Inc., 379 So.2d 1333 (Fla. 5th DCA 1980); Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979); Fla.R.App.P. 9.130(a); cf. Pedro Realty, Inc. v. Silva, 392 So.2d 1005 (Fla. 3d DCA 1981) (permitting appeal of denial of motion to vacate default). No order setting aside the Final Judgment was entered by the trial court.

Dismissed.

2Cases cited3 opinions

  1. Praet v. MartinezDistrict Court of Appeal of Florida · 1979
  2. Yates v. Roller Skating Rinks Inc.District Court of Appeal of Florida · 1980
  3. Pedro Realty, Inc. v. SilvaDistrict Court of Appeal of Florida · 1981

3Cited by1 opinion

  1. BACHE, HALSEY, STUART, SHIELDS, INCORPORATED v. MendozaDistrict Court of Appeal of Florida · 1981