Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996). · Go Syfert
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Collins v. Penske Truck Leasing, 668 So. 2d 343 (Fla. 5th DCA 1996). Cases Citing This Book View Copy Cite
“it is well established that an order of a trial court which sets aside a clerk's default is not appealable as a non-final order.”
7 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Amparo Denis v. Seasons Gardens Senior Residence, LLC (fladistctapp, 2025-02-05)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Amparo Denis v. Seasons Gardens Senior Residence, LLC
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well established that an order of a trial court which sets aside a clerk's default is not appealable as a non-final order.
discussed Cited "see" Dawkins, Inc. v. Huff
Fla. Dist. Ct. App. · 2003 · signal: accord · confidence high
Accord Collins v. Penske Truck Leasing, 668 So.2d 343 (Fla. 5th DCA 1996) (denying certiorari review of order which granted motion to set aside clerk's default since no extraordinary grounds for relief were alleged).
discussed Cited "see" BMW Financial Services NA, LLC v. Alger
Fla. Dist. Ct. App. · 2003 · signal: accord · confidence high
Accord Collins v. Penske Truck Leasing, 668 So.2d 343 (Fla. 5th DCA 1996) (denying petition for certio-rari review of order which granted motion to set aside clerk’s default since no extraordinary grounds for relief were alleged).
cited Cited "see" Rodriguez v. Young America Corp.
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Collins v. Penske Truck Leasing, 668 So.2d 343, 344 (Fla. 5th DCA 1996); M & M Aircraft Sens., Inc. v. J.D.
Retrieving the full opinion text from the archive…
Desia COLLINS, Petitioner,
v.
PENSKE TRUCK LEASING, and Jesse H. Justice, Respondents.
96-64.
District Court of Appeal of Florida, Fifth District.
Feb 23, 1996.
668 So. 2d 343
1996 WL 75820
W. Sharp.
Cited by 6 opinions  |  Published

Douglas A. Lockwood, III of Peterson, Myers, Craig, Crews, Brandon & Puterbaugh, P.A., Winter Haven, for Petitioner.

Frank T. Allen of Rumberger, Kirk & Caldwell, a Professional Association, Orlando, for Respondents.

[*344] W. SHARP, Judge.

Collins petitions this court for certiorari review of the trial court's order which granted Penske Truck Leasing's motion to set aside a clerk's default. Petitioner primarily argues that the respondent failed to proffer sufficient evidence of excusable neglect to justify the trial court's action in setting aside the default. No extraordinary grounds for relief are alleged. We deny the writ.

It is well established that an order of a trial court which sets aside a clerk's default is not appealable as a non-final order. Tieche v. Florida Physicians Insurance Reciprocal, 431 So.2d 287 (Fla. 5th DCA 1983). And, because there is an adequate remedy via a plenary appeal at the conclusion of the case, certiorari review is generally unavailable. Yates v. Roller Skating Rinks, Inc., 379 So.2d 1333 (Fla. 5th DCA 1980). See also 83d A.L.R. 1272, Appealability of Order Setting Aside, or Refusing to Set Aside, Default Judgment, (1966) (1995 supp.).

Petition for Writ of Certiorari DENIED.

DAUKSCH and COBB, JJ., concur.