Appeals
— Non-final orders — Default judgment entered against a defendant as to
liability is non-final, non-appealable order — Appeal from order vacating
default and “default final judgment as to liability” dismissed for lack of
jurisdiction

GARRETT MEDEIROS, Appellant, v. LLOYD FIRTH A/K/A WILLIAM
LLOYD FIRTH, Appellee. 5th District. Case No. 5D15-3301. Opinion filed March
24, 2016. Non-Final Appeal from the Circuit Court for Orange County, John E.
Jordan, Judge. Counsel: Cynthia Conlin, of Cynthia Conlin, P.A., Orlando, for
Appellant. Lauren C. Heatwole and Randy A. Bock, of Heatwole Law Firm, P.A.,
Orlando, for Appellee.

(EVANDER, J.) Garrett Medeiros appeals the trial court’s
order vacating the default and the “default final judgment as to liability”
entered against Lloyd Firth, a defendant below. For the reasons that follow, we
dismiss the appeal for lack of jurisdiction.

In May 2013, Medeiros filed a multicount complaint for
damages against Firth and Lara Duncan.1 On October 22, 2013, the clerk
entered a default against Firth pursuant to Florida Rule of Civil Procedure
1.500(a) for his failure to file or serve any paper in the action. Medeiros
also obtained a “default final judgment as to liability” against Firth.

Although Medeiros was seeking unliquidated damages, he
subsequently obtained, without notice, an amended default final judgment
against Firth in the amount of $25,925.50. The entry of the amended default
final judgment was improper because in actions in which the damages are
unliquidated, a defaulted party is entitled to receive a notice of trial. Fla.
R. Civ. P. 1.440(c); see also Lauxmont Farms, Inc. v. Flavin, 514 So. 2d
1133, 1134 (Fla. 5th DCA 1987) (“[A] party has a due process entitlement to
notice and an opportunity to be heard on unliquidated damages pursuant to
Florida Rule of Civil Procedure 1.440.”).

Thereafter, Firth filed a verified motion for relief from
final judgment. Medeiros acknowledged that Firth was entitled to have the
amended default final judgment set aside and filed a “Motion to Voluntarily
Vacate the Amended Default Final Judgment Against Defendant Lloyd Firth.” On
July 14, 2015, the trial court entered an agreed order vacating the amended
default final judgment. The trial court reserved ruling on the remaining issues
raised in Firth’s verified motion for relief. On August 13, 2015, after an
unrecorded hearing, the trial court entered an order setting aside the default
and the “default final judgment as to liability.”2

On appeal, Medeiros challenges the trial court’s order
vacating the default and the “default final judgment as to liability.” An
appellate court has an independent duty to determine whether it has appellate
jurisdiction and is not bound by the trial court’s caption or the parties’
characterization of an order. Almacenes El Globo de Quito, S.A. v. Dalbeta
L.C., 181 So. 3d 559, 560 (Fla. 3d DCA 2015). Florida law makes no
provision for a “final judgment as to liability.” A final judgment has
traditionally been defined as one that “ends the litigation between the parties
and disposes of all issues involved such that no further action by the court
will be necessary.” Caufield v. Cantele, 837 So. 2d 371, 375 (Fla.
2002). A default judgment entered against a defendant as to liability is not a
final judgment; rather, it is a non-final, non-appealable order. Singleton
v. Realty Land Invs., Inc., 5 So. 3d 794, 795 (Fla. 1st DCA 2009).

Appeals of non-final orders to the district courts of appeal
are limited to those enumerated in Florida Rule of Appellate Procedure
9.130(a)(3). Because the rule does not authorize an appeal from an order
vacating a default and/or vacating a default judgment as to liability, we are
compelled to dismiss this appeal for lack of jurisdiction. See Rodriguez v.
Young Am. Corp., 717 So. 2d 621 (Fla. 3d DCA 1998); Yates v. Roller
Skating Rinks Inc., 379 So. 2d 1333, 1334 (Fla. 5th DCA 1980).

APPEAL DISMISSED. (TORPY and LAMBERT, JJ., concur.)

__________________

1Duncan entered into a settlement
agreement with Medeiros and is not a party to this appeal.

2This order also reaffirmed the prior
order vacating the amended default final judgment.

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