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Florida Second DCA denies certiorari review of trial court’s order setting aside clerk’s entry of default

On February 20, 2019, in Hall v. Reynolds, No. 2D18-2948, the Florida Second DCA dismissed a certiorari petition by a plaintiff contesting a trial order which had granted a defendant’s motion to set aside the clerk’s entry of a default against one of the defendants in the case.  In support of its position, the Second DCA noted that an order on a motion to set aside a clerk's default is not an appealable, non-final order under Florida Rule of Appellate Procedure 9.130(a)(3).  See also Rodriguez v. Young Am. Corp., 717 So. 2d 621, 621 (Fla. 3d DCA 1998) ("Because the appellants seek review of an order setting aside the entry of a default as opposed to a default judgment, we sua sponte dismiss this appeal for lack of jurisdiction").

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