Henry Tien v. Sergio L. Mendez, etc., et al.

Third District Court of Appeal
State of Florida
Opinion filed November 26, 2025.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1998
Lower Tribunal No. 25-1432-CP-02
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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.