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BMW FINANCIAL SERVICES NA, LLC, v. ALGER

No. 5D02-2685.

834 So.2d 408 (2003)

BMW FINANCIAL SERVICES NA, LLC, Petitioner, v. Elana B. ALGER and Edmund W. Alger, III, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

January 17, 2003.

Attorney(s) appearing for the Case

Kenneth J. Joyce and Jonathan M. Streisfeldof Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, Fort Lauderdale, for Petitioner.

O. John Alpizar of Alpizar, Ville & Camfield, Palm Bay, for Respondents Elana B. Alger and Edmund W. Alger, III.

PALMER, J.

BMW Financial Services has filed a petition seeking certiorari review of an order denying its motion to set aside a clerk's default. Concluding that this order is not properly reviewable by certiorari, we deny the petition.

An order on a motion to set aside a clerk's default is not an appealable non-final order under Florida Rule of Appellate Procedure 9.130(a)(3). Additionally, absent a showing of extraordinary circumstances, such an order is not...

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