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JOHARY AVIATION, INC. v. TURAN

No. 5D09-2794.

47 So.3d 333 (2010)

JOHARY AVIATION, INC., Appellant, v. John TURAN and Mercedes Turan, Individually, Jordan Aero-Marine, Inc., and Jordan Klein, Sr., Individually, and as Trustee of the Jordan Klein Trust, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 18, 2010.

Attorney(s) appearing for the Case

Shannon McLin Carlyle and Christopher V. Carlyle of The Carlyle Appellate Law Firm, The Villages, for Appellant.

R. Scott Cross of R. Scott Cross, P.A., Ocala, for Appellees, John Turan and Mercedes Turan.

Brian W. Warwick and Janet R. Varnell of Varnell & Warwick, P.A., The Villages, for Appellees, Jordan Aero-Marine, Inc., and Jordan Klein, Sr., Individually, and as Trustee of The Jordan Klein Trust.

COHEN, J.

Johary Aviation, Inc., appeals the denial of its motion to set aside default. We reverse. Initially, we reject the argument that Johary Aviation did not timely file its notice of appeal. See BMW Fin. Servs. NA, LLC v. Alger, 834 So.2d 408, 409 (Fla. 5th DCA 2003) (holding that denial of a motion to set aside default is not an appealable non-final order); Shell v. Foulkes, 19 So...

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