SUNNY SOUTH AIRCRAFT SERVICE, INC., A FLORIDA CORPORATION, PETITIONER,
v.
INVERSIONES, 1120 C.A., A VENEZUELAN CORPORATION, RESPONDENT
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An order denying a motion to vacate a default judgment is appealable.
The District Court of Appeal dismissed an appeal, finding an order denying a motion to vacate a default judgment was not appealable. This decision con…
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PER CURIAM.
The District Court of Appeal, Fourth District, certifies that its decision, dismissing petitioner’s appeal on the basis that an order denying petitioner’s motion to vacate a default judgment is not appealable conflicts with Pedro Realty, Inc. v. Silva, 392 So. 2d 1005 (Fla. 3d DCA 1981). Sunny South Aircraft Service, Inc. v. Inversiones, 1120 C.A., 402 So. 2d 555 (Fla. 4th DCA 1981). The Fourth District relied upon its previous decision in Caribbean Agencies, Inc. v. Agri-Export, Inc., 384 So. 2d 281 (Fla. 4th DCA 1980).
On the authority of Doctor’s Hospital of Hollywood, Inc. v. Madison, 411 So. 2d 190 (Fla.1982), we approved the Third District’s decision in Pedro Realty, Inc. v. Silva, holding that an order denying a motion to vacate a default is appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), and disapproved the Fourth District’s decision in Caribbean Agencies, Inc. v. Agri-Export, Inc. Silva v. Pedro Realty, 411 So. 2d 872 (Fla.1982).
Accordingly, on the authority of Doctor’s Hospital of Hollywood, Inc. v. Madison and Silva v. Pedro Realty, Inc., we quash the Fourth District’s decision and remand for further proceedings consistent with our decision.
It is so ordered.
ALDERMAN, C. J., and ADKINS, BOYD, SUNDBERG and McDONALD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maxwell Dauer and Reva B. Dauer v. Freed, 444 So. 2d 1012 (Fla. 3d DCA 1984)…978); York Insurance Co. v. Becker, 364 So. 2d 858 (Fla. 2d DCA 1978), or an order denying a defense motion to vacate a clerk’s default which has been entered against him without a trial, Sunny South Aircraft Service, Inc. v. Inversiones, 1120 C.A., 417 So. 2d 676 (Fla.1982); Doctor’s Hospital of Hollywood, Inc. v. Madison, 411 So. 2d 190 (Fla.1982). No Florida court has ever held that an interlocutory order entered after a full trial, as here, is appealable under Fla.R. App.P. 9.130(a)(3)(C)(iv). Turning to…1 / 2
Authorities Cited
- Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison, 411 So. 2d 190 (Fla. 1982)
- Caribbean Agencies, Inc. v. Agri-Export, Inc., 384 So. 2d 281 (Fla. 4th DCA 1980)
- Pedro Realty, Inc. v. Silva, 392 So. 2d 1005 (Fla. 3d DCA 1981)
- THE Florida BAR v. Ethier, 411 So. 2d 872 (Fla. 1982)
- Sunny S. Aircraft Serv., Inc. v. Inversiones, 402 So. 2d 555 (Fla. 4th DCA 1981)