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JEAN-PHILIPPE SCHNEIDER, Appellant(s)/Petitioner(s), v. CHRISTIAN TIRIKIAN, etc., et al., Appellee(s)/Respondent(s),
The parties’ Responses to this Court's Order to Show Cause are noted. Pro se Appellant's 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 court's default against pro se Appellant due to pro se Appellant's failure to appear at an April 21, 2022, calendar call in the case below. The May 1, 2022, order also dismissed pro se Appellant's 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 court's May 1, 2022, order as a “default judgment”. Pro se Appellant's 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 court's July 4, 2022, non-final order denying pro se Appellant's 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.
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Docket No: CASE NO.: 3D22-1205
Decided: August 25, 2022
Court: District Court of Appeal of Florida, Third District.
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