Ballard v. Bank of Am., N.A., 249 So. 3d 794 (2018)

Aug. 1, 2018 · District Court of Appeal of Florida, Second District · Case No. 2D17-1425
249 So. 3d 794

Desmond BALLARD and Niles B. Whitten, Appellants,
v.
BANK OF AMERICA, N.A., Appellee.

Case No. 2D17-1425

District Court of Appeal of Florida, Second District.

Opinion filed August 1, 2018

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) ; FirstParadee, 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.