Hemmerle v. Miceli
Hemmerle v. Miceli
Opinion of the Court
Kenneth Hemmerle, plaintiff below, appeals a nonfinal order which granted a motion by Michael Miceli, individually and as beneficiary of Land Trust No. 5248 of National Trust Company of Naples, defendants below, to set aside a clerk’s default. It appears that this nonfinal order did not also set aside a final judgment of default. In fact, it seems that a final default judgment had never been rendered. We therefore dismiss this interlocutory appeal for lack of jurisdiction. Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979); Broward Employment & Training Administration v. Community Partnership Program, Inc., 422 So.2d 1101 (Fla. 4th DCA 1982). Compare Howard v. McAuley, 436 So.2d 392 (Fla. 2d DCA 1983).
DISMISSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.