23 Fla. L. Weekly Supp. 878b
Online Reference: FLWSUPP 2308KARAInsurance — Automobile — Default — Trial court is without jurisdiction to consider motion to set aside default that was filed after entry of default final judgment
CLEAR VISION WINDSHIELD REPAIR LLC (a/a/o WILLIAM KARANSA), Plaintiff, vs. INTEGON INDEMNITY CORPORATION, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 14-010419 COWE 83. December 18, 2015. Honorable Ellen Feld, Judge. Counsel: Andrew Davis-Henrichs and Emilio R. Stillo, Pliego & Stillo, P.A., Davie, for Plaintiff. George Milev, for Defendant.
ORDER DENYING DEFENDANT’SMOTION TO SET ASIDE DEFAULT
THIS CAUSE came before the Court on December 9, 2015 for consideration on Defendant’s Motion to Set Aside Default, and the Court having reviewed the motion and entire court file, having reviewed the relevant legal authorities, having heard argument of counsel, and having been sufficiently advised in the premises, the Court finds as follows:
Background: On October 10, 2014, Plaintiff filed suit for nonpayment of comprehensive and collision property damage insurance benefits pursuant to a contract of insurance issued to Defendant’s insured. Defendant was served the complaint on October 28, 2014 and was required to appear at the Pretrial Conference on January 6, 2015. Defendant did not appear and a default was entered that day. On August 25, 2015 the Plaintiff filed a Motion to Enter Default Final Judgment. Subsequently, on September 1, 2015 the Court entered a Final Judgment in favor of the Plaintiff. On September 10, 2015 the Defendant filed a Motion to Set Aside Default, as well as an Answer and Affirmative Defenses. On October 30, 2015, Defendant set its Motion to Set Aside Default for hearing.
Conclusions of Law: The Court finds that Defendant’s Motion to Set Aside Default is procedurally improper and the Court is without jurisdiction at this time to consider same. All interlocutory proceedings, whether motions or orders entered thereon, “are merged into and disposed of by the final judgment.” Hollywood Diagnostic Center, Inc. (a/a/o Norman Blanco) v. Gov’t Emp. Ins. Co., 18 Fla. L. Weekly Supp. 231a (Fla. Broward County Ct. 2010) (Lee, J.) citing Oliver v. Stone, 940 So.2d 526 (Fla. 2d DCA 2006). As a result, for all intents and purposes, when the Court entered the Final Judgment in this case, the Motion is deemed “disposed of.” See also Duss v. Duss, 92 Fla. 1081, 111 So. 382 (1926); Liberty Ins. Corp. v. Milne, 98 So.3d 613 (Fla. 4th DCA 2012) [37 Fla. L. Weekly D1838a].
ORDERED AND ADJUDGED that said Motion be, and the same is hereby DENIED as moot.
