2025-1998•Henry Tien v. Sergio L. Mendez, etc., et al.
Full text
Third District Court of Appeal State of Florida Opinion filed November 26, 2025. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D25-1998 Lower Tribunal No. 25-1432-CP-02 ________________ Henry Tien, Appellant, vs. Sergio L. Mendez, etc., et al. , Appellees. An Appeal from the Circuit Court for Miami-Dade County, Nushin G. Sayfie, Judge. Henry Tien, in proper person. Law Offices Mendez & Mendez, P.A., Sergio L. Mendez, Daniel J. Mendez, and Daniela C. Pachon, for appellees. Before FERNANDEZ, MILLER, and GOODEN, JJ. MILLER, J.
2 Appellant, Henry Tien, appeals from an order granting a motion for entry of a judicial default rendered by the trial court following his purported failure to respond to the complaint. Appellee, Sergio L. Mendez, as Curator of the Estate of Ming C. Tien, has moved to dismiss the appeal, contending we lack jurisdiction. We conclude that the order under review is neither a final appealable order nor a nonfinal appealable order. See Denis v. Seasons Gardens Senior Residence, LLC, 402 So. 3d 1144, 1146 (Fla. 3d DCA 2025) (“[A]n order entering a judicial default is not a final appealable order, as it does not put an end to judicial labor in the case, nor is such an order included in the schedule of appealable[] non[]final orders set forth in rule 9.130(a)(3).”); Valledor Co., Inc. v. Decky, 338 So. 3d 956, 958 (Fla. 3d DCA 2022) (noting that judicial default is neither a final order nor an appealable nonfinal order under rule 9.130(a)(3)); Dieuvil v. Falcon Trace Homeowners Ass’n, Inc., 326 So. 3d 709, 710 (Fla. 4th DCA 2021) (holding that order granting a motion for entry of default is a nonfinal nonappealable order). We therefore lack jurisdiction and dismiss the appeal. Appeal dismissed.
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.