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PEDRO REALTY, INC. v. SILVA

No. 80-2166.

392 So.2d 1005 (1981)

PEDRO REALTY, INC., Appellant, v. Jesus M. SILVA and Olga Silva, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

January 21, 1981.

Attorney(s) appearing for the Case

Manuel Oliver, Hialeah, for appellant.

Irma V. Hernandez and Fernando E. Heria, Hialeah, for appellees.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

ON MOTION TO DISMISS

DANIEL S. PEARSON, Judge.

We are asked to decide whether an order denying a motion to vacate a default is appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). We hold that such an order, because it determines liability in favor of a party seeking affirmative relief, satisfies the jurisdictional requisites of this rule and is appealable.

We adopt the reasoning found in Judge Hersey's special concurring opinion...

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