NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
DESMOND BALLARD and NILES B. )
WHITTEN, )
)
Appellants, )
)
v. ) Case No. 2D17-1425
)
BANK OF AMERICA, N.A., )
)
Appellee. )
)
Opinion filed August 1, 2018.
Appeal from the Circuit Court for Pinellas
County; Cynthia Newton, Judge.
Niles B. Whitten, Gainesville, for
Appellants.
Jacqueline Costoya of Kelley Kronenberg,
Fort Lauderdale, for Appellee.
PER CURIAM.
Desmond Ballard seeks review of orders that effectuated several rulings
concerning discovery disputes, sanctions, and a judicial default in the course of a civil
proceeding. With respect to the circuit court's rulings on the contested discovery issues
and judicial default, these are nonappealable, nonfinal orders, and so we cannot
exercise our appellate jurisdiction to consider them. See Fla. R. App. P. 9.130; Hitt v.
Homes & Land Brokers, Inc.,
993 So. 2d 1162, 1165 (Fla. 2d DCA 2008) ("[T]he list of
appealable nonfinal orders in [rule 9.130] is intended to be exhaustive."). We also
conclude that the discovery and default rulings are not reviewable through certiorari.
See Capital One, N.A. v. Forbes, 34 So. 3d 209, 212 (Fla. 2d DCA 2010); First
Paradee, Ltd. v. Jones,
828 So. 2d 483, 485 (Fla. 2d DCA 2002). Accordingly, we
dismiss the appeal as it pertains to those rulings. With respect to the portion of the
order that imposes sanctions in the total amount of $11,728.67 to be paid within thirty
days from the entry of the circuit court's order, we do have jurisdiction to review that
ruling and affirm it without comment. See Burt v. SP Healthcare Holdings, LLC,
163 So.
3d 1274, 1276-77 (Fla. 2d DCA 2015); Griffith v. Ramzey's A Plus, Inc.,
186 So. 3d 629,
630 (Fla. 5th DCA 2016); J.P. Morgan Chase Bank v. Combee,
883 So. 2d 330, 331
(Fla. 1st DCA 2004).
Affirmed in part; dismissed in part.
KHOUZAM, LUCAS, and ATKINSON, JJ., Concur.
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