38 Fla. L. Weekly D2510a
Civil procedure — Appeals — Jurisdiction — Non-final
orders — Order granting motion for entry of default judgment as to liability
only is a non-final, non-appealable order — This type of order was expressly
removed from the list of appealable non-final orders — Appeal dismissed for
lack of jurisdiction
orders — Order granting motion for entry of default judgment as to liability
only is a non-final, non-appealable order — This type of order was expressly
removed from the list of appealable non-final orders — Appeal dismissed for
lack of jurisdiction
AMMY M. KOGAN, Appellant, vs. MICHAEL MILDENBERGER, Appellee. 3rd District.
Case No. 3D12-1787. L.T. Case No. 12-13713. Opinion filed November 27, 2013. An
appeal from a non-final order from the Circuit Court for Miami-Dade County,
Victoria Platzer, Judge. Counsel: Ammy M. Kogan, in proper person. Bressler,
Amery & Ross, P.C., and Alex J. Sabo, Jonathan C. Schwartz and Leonel
Peraza, Jr. (Fort Lauderdale), for appellee.
Case No. 3D12-1787. L.T. Case No. 12-13713. Opinion filed November 27, 2013. An
appeal from a non-final order from the Circuit Court for Miami-Dade County,
Victoria Platzer, Judge. Counsel: Ammy M. Kogan, in proper person. Bressler,
Amery & Ross, P.C., and Alex J. Sabo, Jonathan C. Schwartz and Leonel
Peraza, Jr. (Fort Lauderdale), for appellee.
(Before WELLS, LAGOA and FERNANDEZ, JJ.)
ON MOTION TO DISMISS
(PER CURIAM.) Appellee, Michael Mildenberger (“Mildenberger”) moves to
dismiss the appeal filed by Appellant, Ammy Kogan (“Kogan”). Mildenberger
contends that the order on appeal is a non-final, non-appealable order and that
this Court lacks jurisdiction to entertain this appeal. We agree.
dismiss the appeal filed by Appellant, Ammy Kogan (“Kogan”). Mildenberger
contends that the order on appeal is a non-final, non-appealable order and that
this Court lacks jurisdiction to entertain this appeal. We agree.
On June 15, 2012, Mildenberger filed a Motion for Entry of Default Judgement
against Kogan pursuant to Rule 1.500(b), Florida Rule of Civil Procedure. On
June 27, 2012, the trial court entered an order granting Mildenberger’s Motion
for Entry of Default Judgment against Kogan as to liability only, and Kogan
appeals from this order.
against Kogan pursuant to Rule 1.500(b), Florida Rule of Civil Procedure. On
June 27, 2012, the trial court entered an order granting Mildenberger’s Motion
for Entry of Default Judgment against Kogan as to liability only, and Kogan
appeals from this order.
Florida Rule of Appellate Procedure 9.130(a)(3) authorizes interlocutory
review of a limited number of non-final orders. Rule 9.130 “is designed to
reduce the number of appealable pretrial orders and to discourage piecemeal
review. Given this objective, the courts have narrowly construed the scope of
the rule so that it applies only to the orders it identifies as appealable
orders.” Cotton States Mut. Ins. v. D’Alto, 879 So. 2d 67, 69 (Fla. 1st
DCA 2004) (citations omitted). Appeals of non-final orders determining the issue
of liability in favor of a party seeking affirmative relief were previously
appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). See
Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So. 2d 190, 191 (Fla.
1982). “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 DCA 2001) (quoting Fla. R. App. P. 9.130 (Committee Notes, 2000
Amendment)). No remaining section of Rule 9.130 allows for an immediate appeal
of the instant order.
review of a limited number of non-final orders. Rule 9.130 “is designed to
reduce the number of appealable pretrial orders and to discourage piecemeal
review. Given this objective, the courts have narrowly construed the scope of
the rule so that it applies only to the orders it identifies as appealable
orders.” Cotton States Mut. Ins. v. D’Alto, 879 So. 2d 67, 69 (Fla. 1st
DCA 2004) (citations omitted). Appeals of non-final orders determining the issue
of liability in favor of a party seeking affirmative relief were previously
appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). See
Doctor’s Hosp. of Hollywood, Inc. v. Madison, 411 So. 2d 190, 191 (Fla.
1982). “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 DCA 2001) (quoting Fla. R. App. P. 9.130 (Committee Notes, 2000
Amendment)). No remaining section of Rule 9.130 allows for an immediate appeal
of the instant order.
Here, Kogan appeals the trial court’s entry of a Default Judgment on the
issue of liability. The order at issue, however, does not bring an end to the
litigation below. Because this type of order was expressly removed from the list
of appealable non-final orders included in Rule 9.130, we grant the motion and
dismiss this appeal for lack of jurisdiction. See Westwood One, Inc.
v. Flight Express, Inc., 940 So. 2d 1241 (Fla. 5th DCA 2006) (dismissing
appeal of trial court’s non-final order granting motion for default for lack of
jurisdiction).
issue of liability. The order at issue, however, does not bring an end to the
litigation below. Because this type of order was expressly removed from the list
of appealable non-final orders included in Rule 9.130, we grant the motion and
dismiss this appeal for lack of jurisdiction. See Westwood One, Inc.
v. Flight Express, Inc., 940 So. 2d 1241 (Fla. 5th DCA 2006) (dismissing
appeal of trial court’s non-final order granting motion for default for lack of
jurisdiction).
APPEAL DISMISSED.