Miller v. Samuel E. Mason, Co.

Danny MILLER, Appellant, v. SAMUEL E. MASON, CO., Appellee.

District Court of Appeal of Florida

Decided December 22, 2005.

District Court of Appeal of Florida · decided 2005-12-22

Cited by 2 later decisions — most recently December 2017

2 state decisions

Relies on 870 So. 2d 93 - Bennett's Leasing, Inc. v. First Street Mortgage Corp. · Mack v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-12-22

View the full empirical analysis of this case →

¶1Appellant, pro se.

¶2Louis A. Vargas, General Counsel, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Upon consideration of the appellant's response to the Court's order of October 10, 2005, the Court has determined that the "Order Denying Motion for Reconsideration of Granting Motion to Set Aside Default as to Defendant Samuel E. Mason," is not an appealable order. Specifically, because the underlying order granting a motion to set aside a clerk's default is not a final order or judgment, see Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003), the order denying the appellant's motion for reconsideration is not reviewable. See Bennett's Leasing, Inc. v. First Street Mortgage Corp., 870 So.2d 93 (Fla. 1st DCA 2003) (holding that an order on a motion to vacate directed to nonfinal order is not appealable). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

¶5BARFIELD, WOLF, and BROWNING, JJ., concur.