Fascetti v. Fascetti
Cases that cite this one
8 later published cases cite this decision.
- Amparo Denis v. Seasons Gardens Senior Residence, LLC (Fla. Dist. Ct. App. 2025)
- Erica Korman v. Jared Shapiro (Fla. Dist. Ct. App. 2024)
- Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLC (Fla. Dist. Ct. App. 2024)
- Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLC (Fla. Dist. Ct. App. 2024)
- MARIANA FIUZA AQUINO DE OLIVEIRA v. GREGORY CHARLES SIM (Fla. Dist. Ct. App. 2022)
- Sold by Winston Towers 300 Ass'n to Grp. of Friends, LLC v. Wilmington Sav. Fund Soc'y, FSB (Fla. Dist. Ct. App. 2017)
- International House of Pancakes v. Robinson (Fla. Dist. Ct. App. 2013)
- Kogan v. Mildenberger (Fla. Dist. Ct. App. 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We dismiss this appeal of a clerk’s default and of the order denying appellant’s motion to vacate that default. Clerk’s defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently ap-pealable. The latter, which are non-final orders, were appealable under Florida Rule of Appellate Procedure 9.130 which provided for appeal of non-final orders determining the issue of liability in favor of a party seeking affirmative relief. See Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So.2d 190, 191 (Fla. 1982); Americana Assocs., Ltd. v. Coleus, 697 So.2d 573, 573 n. 1 (Fla. 5th DCA 1997). However, that provision of rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now “are not ap-pealable until the conclusion of the case.” Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment). Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.