Danko v. Bank of America — Third DCA dismissed appeal for lack of jurisdiction

Case
Joseph J. Danko v. Bank of America, N.A.
Court
Florida Third District Court of Appeal
Judge
Lindsey; Gordo; Bokor
Date Decided
August 19, 2026
Docket No.
3D25-2273
Topics
Appellate Jurisdiction, Default Judgment, Motion to Vacate
Source
Read the full opinion

Background

A default final judgment was entered in the case on June 6, 2023. Joseph J. Danko moved to vacate that judgment, and the trial court denied his motion on July 11, 2023.

Danko again moved to vacate the same default final judgment on October 31, 2025. The trial court denied the second motion on November 11, 2025, and Danko sought to appeal that denial.

The Court’s Holding

The Florida Third District Court of Appeal dismissed Danko’s appeal for lack of jurisdiction.

The court provided no further analysis beyond citing Parkhomchuck v. AIY, Inc., 338 So. 3d 397, 400 (Fla. 3d DCA 2022).

Key Takeaways

  • The appeal concerned the November 11, 2025 denial of Danko’s second motion to vacate the same default final judgment.
  • The Third District dismissed the appeal for lack of jurisdiction.
  • The per curiam opinion cited Parkhomchuck v. AIY, Inc. without additional explanation.

Why It Matters

The decision shows that an order denying a renewed motion to vacate may present an appellate-jurisdiction issue. Because the court’s brief opinion did not elaborate on its reasoning, its express holding is limited to dismissal of this appeal for lack of jurisdiction.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top