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Desmond BALLARD and Niles B. Whitten, Appellants, v. BANK OF AMERICA, N.A., Appellee.
Desmond Ballard seeks review of orders that effectuated several rulings concerning discovery disputes, sanctions, and a judicial default in the course of a civil proceeding. With respect to the circuit court's rulings on the contested discovery issues and judicial default, these are nonappealable, nonfinal orders, and so we cannot exercise our appellate jurisdiction to consider them. See Fla. R. App. P. 9.130; Hitt v. Homes & Land Brokers, Inc., 993 So.2d 1162, 1165 (Fla. 2d DCA 2008) (“[T]he list of appealable nonfinal orders in [rule 9.130] is intended to be exhaustive.”). We also conclude that the discovery and default rulings are not reviewable through certiorari. See Capital One, N.A. v. Forbes, 34 So.3d 209, 212 (Fla. 2d DCA 2010); First Paradee, Ltd. v. Jones, 828 So.2d 483, 485 (Fla. 2d DCA 2002). Accordingly, we dismiss the appeal as it pertains to those rulings. With respect to the portion of the order that imposes sanctions in the total amount of $11,728.67 to be paid within thirty days from the entry of the circuit court's order, we do have jurisdiction to review that ruling and affirm it without comment. See Burt v. SP Healthcare Holdings, LLC, 163 So.3d 1274, 1276-77 (Fla. 2d DCA 2015); Griffith v. Ramzey's A Plus, Inc., 186 So.3d 629, 630 (Fla. 5th DCA 2016); J.P. Morgan Chase Bank v. Combee, 883 So.2d 330, 331 (Fla. 1st DCA 2004).
Affirmed in part; dismissed in part.
PER CURIAM.
KHOUZAM, LUCAS, and ATKINSON, JJ., Concur.
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Docket No: Case No. 2D17-1425
Decided: August 01, 2018
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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