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JEAN PHILIPPE SCHNEIDER v. CHRISTIAN TIRIKIAN (2022)

District Court of Appeal of Florida, Third District.2022-08-25No. CASE NO.: 3D22-1205

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Opinion

The parties’ Responses to this Courts Order to Show Cause are noted. Pro se Appellants Motion to Strike Response to Order to Show Cause is hereby denied as moot.

According to the trial court docket, on May 1, 2022, the trial court entered a courts default against pro se Appellant due to pro se Appellants failure to appear at an April 21, 2022, calendar call in the case below. The May 1, 2022, order also dismissed pro se Appellants June 22, 2020, amended counter-claim, which counter-claim appears to be interdependent with the still-pending claims pleaded against pro se Appellant. The docket further reflects that, on May 27, 2022, pro se Appellant filed a motion seeking to vacate the May 1, 2022, order, and in the vacatur motion, pro se Appellant incorrectly identifies the trial courts May 1, 2022, order as a “default judgment”. Pro se Appellants vacatur motion was denied via a non-final July 4, 2022, order, that also incorrectly identifies the May 1, 2022, order as a “default judgment”.

On July 14, 2022, pro se Appellant filed a Notice of Appeal in this Court purporting to appeal the trial courts July 4, 2022, non-final order denying pro se Appellants May 27, 2022, vacatur motion. No final judgment has been entered in the case below, and, in fact, it appears that Appellees’ case against pro se Appellant has yet to be adjudicated to conclusion; both the May 1, 2022, order and the July 4, 2022, order are non-final, non-appealable orders. This Court is therefore without jurisdiction to review the challenged order and thus, this Court, sua sponte, dismisses this appeal without prejudice to any of the parties seeking timely appellate review of any final, appealable order that may be entered in the case below.

Appeal dismissed.

FERNANDEZ, C.J., and SCALES and MILLER, JJ., concur.