HERBERT JEAN
v.
BAYVIEW ASSET MANAGEMENT LLC, ET AL.
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A motion filed under Florida Rule of Civil Procedure 1.540(b) to vacate a non-final order is not authorized, and an appellate court lacks jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(5) to review an order denying such a motion.
[1] A motion under Florida Rule of Civil Procedure 1.540(b) cannot be used to vacate a non-final order, and an appellate court lacks jurisdiction under Florida Rule of Appell…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“where a motion filed under Fla. R. Civ. P. 1.540(b) sought to vacate a non-final order, the motion was not authorized, and appellate court lacked jurisdiction under Fla. R. App. P. 9.130(a)(5) to review order denying motion”
Court's citation to Denis v. Seasons Gardens Senior Residence, LLC as controlling authority for dismissal
Herbert Jean appealed from a non-final order from the Circuit Court for Miami-Dade County. Jean had filed a motion under Florida Rule of Civil Procedu…
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Third District Court of Appeal State of Florida
Opinion filed December 3, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-471 Lower Tribunal No. 19-10064-CA-01 ________________
Herbert Jean, Appellant,
vs.
Bayview Asset Management, LLC, et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Mavel Ruiz, Judge.
Herbert Jean, in proper person.
Reed Smith LLP and Daniel Alvarez Sox; Reed Smith LLP, and James N. Boudreau (Philadelphia, PA), for appellees.
Before FERNANDEZ, MILLER and LOBREE, JJ.
PER CURIAM.
Dismissed. See Denis v. Seasons Gardens Senior Residence, LLC,