AL HENDRICKSON TOYOTA, INC., APPELLANT,
v.
MICHAEL YAMPOLSKY, APPELLEE
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PER CURIAM.
The order granting summary judgment as to appellant’s liability is reversed.
The order was entered based on technical admissions because appellant had failed to answer requests for admission. However, appellant filed a motion to allow late filing of responses based on excusable neglect. It attached affidavits from its counsel stating that the response date for answering had inadvertently not been calendared. The trial court denied the motion, but the established case law deems that calendaring errors are regarded as excusable neglect. See Wood v. Fortune Ins. Co., 458 So. 2d 451 (Fla. 4th DCA 1984); Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983). The trial court erred in denying the motion to permit late filing of responses.
Without the technical admissions, the record has conflicting evidence as to the issue of liability. For these reasons, we reverse the order and remand for further proceedings.
WARNER, SHAHOOD and GROSS, JJ., concur.
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David M. Dresdner, M.D., P.A. v. The Charter OAK Fire Ins. Co., 972 So. 2d 275 (Fla. 2d DCA 2008)…A secretarial or clerical oversight that results in a missed filing deadline may constitute excusable neglect. See, e.g., State, Dep’t of Transp. v. Southtrust Bank, 886 So. 2d 393, 396 (Fla. 1st DCA 2004); Al Hendrickson Toyota, Inc. v. Yampolsky, 695 So. 2d 948, 948 (Fla. 4th DCA 1997); Fla. Aviation Acad. v. Charter Air Ctr., Inc., 449 So. 2d 350, 353 (Fla. 1st DCA 1984).…
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205 Jacksonville, LLC v. A-Affordable AIR, LLC, 16 So. 3d 974 (Fla. 3d DCA 2009)…usable neglect that would justify setting aside either the clerk’s default or the final default judgment. See Giron v. Fairways of Sunrise Homeowners’ Ass’n, 903 So. 2d 1008, 1009 (Fla. 4th DCA 2005) (citing Al Hendrickson Toyota, Inc. v. Yampolsky, 695 So. 2d 948 (Fla. 4th DCA 1997) (“[T]he established case law deems that calendaring errors are regarded as excusable neglect.”)). A-Affordable also agrees that Jacksonville, which filed its motion to vacate one day after learning of the clerk’s default, acted…
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Bethesda Mem'l Hosp., Inc. v. Judie Laska, 977 So. 2d 804 (Fla. 4th DCA 2008)…In Shurgard Storage Ctrs. v. Parker, 755 So. 2d 695, 696 (Fla. 4th DCA 1999), we found administrative mishandling and [*807] misrouting of suit papers between offices a “clear case” of excusable neglect. In Al Hendrickson Toyota Inc. v. Yampolsky, 695 So. 2d 948 (Fla. 4th DCA 1997), a “calendaring” error was excusable. In Supro Corp. v. Bridwell, 361 So. 2d 734, 735 (Fla. 4th DCA 1978), we found excusable counsel’s failure to appear at trial because his file had been misplaced. We summarized these holdings…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broward Cnty. v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983)
- Wood v. Fortune Ins. Co., 453 So. 2d 451 (Fla. 4th DCA 1984)