Wendall Hall v. Ms. Reynolds and Captain Bush

Summary

The Florida Second District Court of Appeal partially dismissed and partially denied Wendall Hall's petition for writ of certiorari. The court dismissed review of the order setting aside the clerk's default and denying default judgment, and denied review of Hall's remaining arguments because the trial court did not depart from the essential requirements of law.

Holdings

1. The petition for writ of certiorari must be dismissed insofar as it challenged the portion of the circuit court's order setting aside the clerk's default and denying Hall's motion for default judgment, because such an order is not an appealable nonfinal order and is generally not reviewable by certiorari absent extraordinary circumstances.
2. The petition for writ of certiorari was denied as to Hall's remaining arguments because the trial court did not depart from the essential requirements of law.

Questions Presented

1. Whether the District Court of Appeal had jurisdiction to review by writ of certiorari the portion of the circuit court's order setting aside the clerk's default and denying Hall's motion for default judgment.
2. Whether the circuit court departed from the essential requirements of law in the matters raised in Hall's remaining arguments.

Disposition

dismissed