Opinion
No. 2D16–362.
02-26-2016
The BANK OF NEW YORK MELLON, Appellant/Petitioner(s), v. Beth Anne BERRY and Wells Fargo Bank, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This appeal is dismissed for lack of jurisdiction because the order sought to be reviewed is nonfinal and nonappealable at this time. See Kogan v. Mildenberger, 127 So.3d 831 (Fla. 3d DCA 2013) ; Fascetti v. Fascetti, 795 So.2d 1094, 1095 (Fla. 4th DCA 2001) ("Clerk's defaults are not independently appealable, and orders denying motions to vacate such defaults are no longer independently appealable"). See also Kudriaszow–Zwerle v. Stopper, 29 So.3d 301 (Fla. 2d DCA 2010) (dismissing appeal because clerk's default is not appealable). After disposition of the claim and entry of final judgment on the merits adverse to the claimant, an appeal can be taken challenging the trial court's action on setting aside the default.
ALTENBERND, LaROSE, and BLACK, JJ., Concur.