Legal Opinion

Johary Aviation, Inc. v. Turan

District Court of Appeal of Florida

Decided October 15, 2010No. 5D09-2794Published

1Opinion of the CourtCohen, J.

Johary Aviation, Inc., appeals the denial of its motion to set aside default. We reverse. Initially, we reject the argument that Johary Aviation did not timely file its notice of appeal. See BMW Fin. Servs. NA, LLC v. Alger, 834 So.2d 408, 409 (Fla. 5th DCA 2003) (holding that denial of a motion to set aside default is not an ap-pealable non-final order); Shell v. Foulkes, 19 So.3d 438, 440 (Fla. 4th DCA 2009) (holding that “[a]n order merely entering a default without a consequent final judgment is not a final order.”); Trawick, Fla. Prac. & Proc., § 25:2 (2007 ed.) (default not a judgment).…

2Cases cited5 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
  3. Carder v. PELICAN COVE W. HOMEOWNERS ASSOCIATION, INC.District Court of Appeal of Florida · 1992
  4. Shell v. FoulkesDistrict Court of Appeal of Florida · 2009
  5. Abelson v. First Nationwide BankDistrict Court of Appeal of Florida · 1989

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