Paul

In this action for damages, arising out of a collision between two automobiles, the plaintiff was given judgment for $3,500 after the default of the defendant had been entered. The defendant moved to vacate and set aside the default and judgment on the ground of excusable inadvertence and neglect. The court granted the motion and entered an - order vacating and setting aside the default and judgment, from which order the plaintiff appealed. After the appellant’s opening brief was filed, the respondent moved to dismiss the appeal under section 3 of Rule V of the rules governing District Courts of Appeal on the ground that the question presented by the appeal is so unsubstantial as not to need further argument; that the order appealed from is an interlocutory order from which no appeal lies; and that the appellant by accepting a benefit under the order has waived the right to appeal therefrom.

Without going into detail in the matter we are of the opinion that the order appealed from was not interlocutory in nature and that the same was an appealable order.

The order in question provided that the default and judgment theretofore entered “be and the same is hereby vacated and set…