Fascetti v. Fascetti, 795 So. 2d 1094 (Fla. 4th DCA 2001). · Go Syfert
Fascetti v. Fascetti, 795 So. 2d 1094 (Fla. 4th DCA 2001). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Cited for
At page 1095 Clerk's defaults not independently appealable under rule 9.1307 citing casesdismissing an appeal of a nonfinal order denying the appellant’s motion to vacate a clerk’s default because the provision under rule 9.130 that had permitted such an appeal was deleted, effective January 1, 20012 citing courts put it this way
  • Erica Korman v. Jared Shapiro, 388 So. 3d 305 (Fla. 3d DCA 2024).published
    (Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.)
  • Amparo Denis v. Seasons Gardens Senior Residence, LLC, 402 So. 3d 1144 (Fla. 3d DCA 2025).published
    Specifically, “[c]lerk’s defaults are not independently appealable.” Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001); see also Kudriaszow-Zwerle v. Stopper, 29 So. 3d 301 (Fla. 2d DCA 2010) (table) (dismissing appeal from c…
  • Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLC, 397 So. 3d 793 (Fla. 5th DCA 2024).published
    (dismissing an appeal of a nonfinal order denying the appellant’s motion to vacate a clerk’s default because the provision under rule 9.130 that had permitted such an appeal was deleted, effective January 1, 2001)
  • Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLC, 397 So. 3d 793 (Fla. 5th DCA 2024).published
    (dismissing an appeal of a nonfinal order denying the appellant’s motion to vacate a clerk’s default because the provision under rule 9.130 that had permitted such an appeal was deleted, effective January 1, 2001)
  • Kogan v. Mildenberger, 127 So. 3d 831 (Fla. 3d DCA 2013).published
    “However, that provision of Rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now ‘are not appealable until the conclusion of the case.” ’ Fascetti v. Fascetti, 795 So.2d 1094, 1095 (Fla. 4th D…
  • Int'l House of Pancakes v. Robinson, 124 So. 3d 1004 (Fla. 4th DCA 2013).published
    NA, LLC v. Alger, 834 So.2d 408, 409 (Fla. 5th DCA 2003); Dawkins, Inc. v. Huff, 836 So.2d 1062, 1065 (Fla. 5th DCA 2003); Fascetti v. Fascetti, 795 So.2d 1094, 1095 (Fla. 4th DCA 2001); see also Shell v. Foulkes, 19 So.3d 438, 440 (Fla. 4…
  • Mariana Fiuza Aquino De Oliveira v. Gregory Charles Sim, 338 So. 3d 1020 (Fla. 3d DCA 2022).published
    (holding that clerk’s defaults are not independently appealable)
Retrieving the full opinion text from the archive…
Rosalie M. FASCETTI
v.
Michael T. FASCETTI
No. 4D01-2926.
District Court of Appeal of Florida, Fourth District.
Sep 26, 2001.
Published opinion
795 So. 2d 1094
2001 Fla. App. LEXIS 13452
2001 WL 1131680
Andrea Shelowitz of Shelowitz, Shelow-itz & Terrell, Fort Lauderdale, for appellant., No appearance required for appellee.
Gunther, Polen, Warner.
Cited by 8 opinions  |  Published
PER CURIAM.

We dismiss this appeal of a clerk’s default and of the order denying appellant’s motion to vacate that default. Clerk’s defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently ap-pealable. The latter, which are non-final orders, were appealable under Florida Rule of Appellate Procedure 9.130 which provided for appeal of non-final orders determining the issue of liability in favor of a party seeking affirmative relief. See Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So.2d 190, 191 (Fla.1982); Americana Assocs., Ltd. v. Coleus, 697 So.2d 573, 573 n. 1 (Fla. 5th DCA 1997). However, that provision of rule 9.130 was deleted, effective January 1, 2001, so orders determining the issue of liability now “are not ap-pealable until the conclusion of the case.” Fla. R.App. P. 9.130 (Committee Notes, 2000 Amendment). Appellant, therefore, may challenge the default and the order denying vacation of that default on plenary appeal of the final judgment entered below.

Appeal dismissed.

POLEN, C.J., GUNTHER and WARNER, JJ., concur.