MISTY LAKE CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLANT,
v.
MAX SCHWARTZ, APPELLEE
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The court held that the defendant's resident agent's failure to forward legal documents constituted excusable neglect, warranting vacation of the default judgment.
The defendant's corporate resident agent was served with legal documents but failed to forward them to the defendant's insurance company and law firm.…
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PER CURIAM.
Defendant appeals from an interlocutory order denying its motion to vacate a default. We reverse.
The corporate resident agent was served with a summons, complaint, request for production, and interrogatories. Under established procedure, he was to forward the papers to the defendant’s insurance company and law firm; however, the agent failed to do so in this instance. Several weeks later, the agent terminated his employment and it was not until after the default was entered that the new agent learned of the pending litigation and notified the proper parties.
Upon these facts, we find that the defendant has shown excusable neglect. As this court observed in Plotkin v. Deatrick Leasing Co., 267 So. 2d 368 (Fla. 3d DCA 1972), wherein it was also alleged that the' corporate agent failed to follow the established procedure:
[i]t is our opinion that although this definition of excusable neglect amounts to no more than an assertion of corporate inefficiency, nevertheless, it cannot be logically distinguished from the corporate neglect held to be excusable neglect in North Shore Hospital v. Barber [143 So. 2d 849 (Fla.1962) ].
267 So. 2d at 369-70.
For the foregoing reason, we reverse and remand.
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Amex Int'l, Inc. v. Kunde, 722 So. 2d 909 (Fla. 5th DCA 1998)…ly establish excusable neglect. See Orlando Partners, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA 1986), rev. dismissed, 497 So. 2d 1217 (Fla.1986). This case is distinguishable from Misty Lake Condominium Association, Inc. v. Schwartz, 432 So. 2d 638 (Fla. 3d DCA 1983) and the cases cited therein which involved inaction by a resident agent. In those cases, there was testimony as to an established procedure utilized by the registered agent. In this case, the agent testified to no established proc…
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State v. Kalogeropoulos, 735 So. 2d 507 (Fla. 4th DCA 1999)…motion. In this case, the state’s traverse did not place material facts before the court so as to require denial of the motion to dismiss. We certify conflict with Branciforte v. [*509] State, 678 So. 2d 426 (Fla. 2d DCA 1996), and State v. Blanco, 432 So. 2d 638 (Fla. 3d DCA 1983). Based on the facts before the trial court at the time it considered the defendant’s motion to dismiss, the trial court’s ruling was correct. See Russ v. State, 140 Fla. 217, 191 So. 296 (1939). Affirmed. WARNER, J., concurs.…
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W. Life Ins. Co. v. Kessler, 442 So. 2d 1006 (Fla. 3d DCA 1983)…ect in failing to timely respond to the plaintiff’s complaint was excusable under the indistinguishable authority of, for example, North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962); Misty Lake Condominium Association, Inc. v. Schwartz, 432 So. 2d 638 (Fla. 3d DCA 1983); Associated Medical Institutions, Inc. v. Imperatori, 338 So. 2d 74 (Fla. 3d DCA 1976); and Plotkin v. Deatrick Leasing Co., 267 So. 2d 368 (Fla. 3d DCA 1972), and the defendant’s proposed answer and affirmative defenses quite cle…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Plotkin v. Deatrick Leasing Co., 267 So. 2d 368 (Fla. 3d DCA 1972)