Excusable Neglect Standard

112 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hernandez v. Page
  580 So. 2d 793· Fla. 3d DCA· 1991-04-30 ·cited 52×
  Under Florida Rule of Civil Procedure 1.070(j), "good cause" for failure to serve process within 120 days requires at least showing excusable neglect, which cannot be satisfied by simple inadvertence or mistake of counsel without more. An attorney's forgetting about a case until
• Equal Emp. Opportunity Comm'n v. Mike Smith Pontiac GMC, Inc.
  896 F.2d 524· 11th Cir.· 1990-03-14 ·cited 44×
  The court held that the district court erred in its calculation of back pay and in failing to make a conclusive finding on whether the plaintiff would have completed training, vacating the judgment and remanding for further proceedings.
• Airline Pilots IN the Serv. OF Executive Airlines, Inc. v. Executive Airlines, Inc.
  569 F.2d 1174· 1st Cir.· 1978-02-02 ·cited 43×
  A clerical error by an attorney's staff in calendaring an appeal deadline does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a).
• Selph v. Council OF the City OF LOS Angeles
  593 F.2d 881· 9th Cir.· 1979-03-22 ·cited 42×
  The court held that it lacked jurisdiction because the notice of appeal was not filed within the time prescribed by Rule 4(a), F.R.A.P., and the district court improperly granted an untimely extension.
• In re the Est. of Butler's Tire & Battery Co., Inc. v. Ferrous Fin. Servs.
  592 F.2d 1028· 9th Cir.· 1979-01-18 ·cited 42×
  The court held that the district court lacked jurisdiction because the bankruptcy court abused its discretion in granting an extension for filing the notice of appeal, as the request for extension was not timely and did not demonstrate excusable neglect.
• State OF Or. v. Champion Int'l Corp.
  680 F.2d 1300· 9th Cir.· 1982-07-09 ·cited 40×
  The court held that the district court did not abuse its discretion in denying the motion for an extension of time to file a notice of appeal, as the inadvertent misaddressing of the notice did not constitute excusable neglect.
• In re Amendments to the Florida Rules of Criminal Procedure
  606 So. 2d 227· Fla.· 1992-09-24 ·cited 32×
  The Florida Supreme Court approved proposed amendments to the Florida Rules of Criminal Procedure submitted by the Florida Rules of Criminal Procedure Committee. The amendments make substantive changes and stylistic revisions to numerous criminal procedure rules, effective Januar
• State v. Puckett OIL Co., Inc.
  577 So. 2d 988· Fla. 1st DCA· 1991-04-03 ·cited 32×
  The Florida Department of Environmental Regulation appeals a summary final order awarding attorney's fees and costs to Puckett Oil Company, arguing the hearing officer erred in entering summary judgment against it for filing a responsive pleading four days late. The court reverse
• Consol. Freightways Corp. OF Del. v. Larson
  827 F.2d 916· 3d Cir.· 1987-08-28 ·cited 26×
  The court held that the inadvertent misdirection of a notice of appeal, resulting in untimely filing, can constitute excusable neglect under Federal Rule of Appellate Procedure 4(a)(5) when counsel has made substantial good faith efforts to comply.
• Parke-Chapley Constr. Co. v. Cherrington
  865 F.2d 907· 7th Cir.· 1989-01-23 ·cited 22×
  The court held that the plaintiff's failure to file a timely notice of appeal deprived the court of jurisdiction, and the district court did not abuse its discretion in denying an extension of time to appeal.
• Davidson v. Keenan
  740 F.2d 129· 2d Cir.· 1984-07-18 ·cited 22×
  The court held that the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 requires objective bad faith by the plaintiff.
• Supermarkets Gen. Corp. v. Grinnell Corp.
  490 F.2d 1183· 2d Cir.· 1974-01-10 ·cited 22×
  The court held that the district court did not abuse its discretion in denying a belated request to opt out of a class action settlement, as the appellant's counsel had notice of the settlement negotiations and the appellant failed to demonstrate excusable neglect or substantial
• Misael Otero v. Gov't Emps. Ins. Co.
  606 So. 2d 443· Fla. 2d DCA· 1992-10-02 ·cited 21×
  An insurance company's inadvertent failure to follow its internal procedures for tracking and managing lawsuits constitutes gross negligence, not excusable neglect, when the company is a large corporate entity regularly engaged in litigation and receives multiple legal pleadings
• Hough v. Local 134
  867 F.2d 1018· 7th Cir.· 1989-02-01 ·cited 20×
  The court held that the denial of the motion to vacate was not an abuse of discretion because the attorney's misunderstanding of a court order did not constitute excusable neglect. The appeal from the summary judgment was untimely.
• Dominic v. Hess OIL V.I. Corp.
  841 F.2d 513· 3d Cir.· 1988-03-10 ·cited 20×
  The court held that the district court did not abuse its discretion in allowing the plaintiff additional time to serve process, but erred in awarding expert witness fees exceeding statutory limits.
• Eric Michael Patz, M.D. v. Dep't OF Health
  864 So. 2d 79· Fla. 3d DCA· 2003-12-24 ·cited 19×
  Dr. Eric Patz appeals a default judgment entered by the Florida Board of Medicine after he failed to timely file an Election of Rights form requesting a formal hearing within the required 21-day period. The court affirms, holding that administrative procedure rules requiring time
• Passarella v. Hilton Int'l Co.
  810 F.2d 674· 7th Cir.· 1987-01-26 ·cited 18×
  The court held that the majority improperly substituted its judgment for the district court's reasonable conclusion regarding excusable neglect under Rule 60(b).
• Creative Tile Mktg., Inc. v. Sicis Int'l
  922 F. Supp. 1534· S.D. Fla.· 1996-04-03 ·cited 17×
  The court held that the defendant's default was excusable neglect and denied the plaintiff's motion for default judgment, granting the defendant's motion to compel arbitration.
• Campbell v. W.R. Bowlin
  724 F.2d 484· 5th Cir.· 1984-02-06 ·cited 16×
  The court held that a post-judgment motion for attorney's fees is not a Rule 59(e) motion, thus not triggering the need for a new notice of appeal. The court also held that a directed verdict was inappropriate where credibility determinations were necessary.
• Arango v. Alvarez
  585 So. 2d 1131· Fla. 3d DCA· 1991-09-17 ·cited 15×
  A trial court does not abuse its discretion in entering a default judgment against pro se litigants for willful failure to appear at a calendar call, particularly where the litigants have demonstrated a pattern of disobeying earlier court orders. However, attorney's fees must be
• Inger Rogers v. First Nat'l Bank AT Winter Park
  223 So. 2d 365· Fla. 4th DCA· 1969-04-08 ·cited 12×
  Mistake, misunderstanding, or neglect of counsel is not sufficient grounds for vacating a judgment under Rule 1.540(b), and where a party seeks relief based on counsel's mistake or excusable neglect, the moving party must show that the justifying facts and circumstances are appli
• Sys. Signs Supplies v. United States Dep't OF Just.
  903 F.2d 1011· 5th Cir.· 1990-05-15 ·cited 10×
  The court held that the plaintiff's failure to properly serve the United States Government, despite notice of the defect, constituted grounds for dismissal, and the district court did not abuse its discretion.
• Borio v. Coastal Marine Constr. Co.
  881 F.2d 1053· 11th Cir.· 1989-08-29 ·cited 10×
  The court held that the district court abused its discretion by granting a late appeal under Rule 4(a)(5) because a secretary misplacing the notice of appeal does not constitute excusable neglect.
• Clarissa Marsh v. Richardson
  873 F.2d 129· 6th Cir.· 1989-04-28 ·cited 8×
  The court held that the district court abused its discretion by granting an extension to file a late notice of appeal based on 'good cause' when the circumstances only warranted an 'excusable neglect' standard, which was not met.
• In re Herd v. Herd
  840 F.2d 757· 10th Cir.· 1988-02-25 ·cited 8×
  The court held that a bankruptcy notice containing an erroneous and ambiguous bar date is legally insufficient, and a creditor's claim filed by the last effective date stated in the notice is timely.
• Sharron K. Wallace v. McMANUS
  776 F.2d 915· 10th Cir.· 1985-11-08 ·cited 8×
  The district court properly denied the request for an extension of time to appeal but erred in denying relief from the judgment under Fed.R.Civ.P. 60(b)(1) for excusable neglect.
• Quest Diagnostics, Inc. v. Cheri Haynie
  320 So. 3d 171· Fla. 4th DCA· 2021-04-28 ·cited 6×
  A defendant seeking to vacate a default must demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief; where all three elements are established, Florida's strong policy favoring resolution on the merits requires vacation of the default.
• Everson D. Smith v. Alumax Extrusions, Inc.
  868 F.2d 1469· 5th Cir.· 1989-04-05 ·cited 6×
  The court affirmed the denial of the motion to vacate based on Rule 60(b) but remanded for the district court to consider the Rule 59(e) claims.
• In re Men's Sportswear, Inc. v. Sasson Jeans, Inc.
  834 F.2d 1134· 2d Cir.· 1987-11-27 ·cited 6×
  The court held that Sasson's repeated obstructionist conduct justified the entry of a default judgment and that the bankruptcy court had jurisdiction, but remanded for modification of the damage award concerning unspent advertising funds.
• Bieganek v. Taylor
  801 F.2d 879· 7th Cir.· 1986-08-29 ·cited 6×
  The court held that the district court abused its discretion in refusing to set aside the default judgment, finding Taylor's neglect to be excusable under the circumstances.
• Troyit Robinson v. United States
  260 F.2d 718· D.C. Cir.· 1958-10-02 ·cited 6×
  The District Court cannot enlarge the time for taking an appeal, even for excusable neglect, as the time is jurisdictional and fixed by rule.
• Marida Silas v. Sheriff of Broward Cnty. Fla.
  55 F.4th 872· 11th Cir.· 2022-12-14 ·cited 5×
  The Eleventh Circuit held that a suggestion of death need not be served on a decedent's surviving family members if no estate has been opened and they are not identified as legal successors or representatives, thus the 90-day substitution period under Rule 25(a) can expire.
• In re Power Recovery Sys., Inc. v. Dodge Chem. Co.
  950 F.2d 798· 1st Cir.· 1991-11-27 ·cited 5×
  The court held that the bankruptcy and district courts did not err in denying Eck's request for an extension to appeal, in holding him in civil contempt, or in imposing sanctions, as Eck's failure to comply was not excused by impossibility due to self-induced actions or by claims
• In re Davis v. Columbia Constr. Co.
  936 F.2d 771· 4th Cir.· 1991-06-28 ·cited 5×
  The court held that debtors' untimely filing of a proof of claim on behalf of the IRS was not excused by excusable neglect, nor could it be treated as an amendment to an informal claim, and Rule 3004 is constitutional.
• Greene v. Union Mut. Life Ins. Co. OF Am.
  764 F.2d 19· 1st Cir.· 1985-06-06 ·cited 5×
  The court held that the district court erred in dismissing the entire complaint, as the defendant did not request such broad dismissal and the court lacked the power to do so under the local rule invoked. The court also held that the district court applied the wrong standard in d
• Birol Karan v. Pernia
  343 So. 3d 689· Fla. 3d DCA· 2022-08-10 ·cited 4×
  A trial court does not abuse its discretion in denying a motion to vacate a final default judgment when the moving party fails to establish excusable neglect and a meritorious defense with due diligence.
• Janiel Rodriguez v. Falcones
  314 So. 3d 469· Fla. 3d DCA· 2020-12-02 ·cited 4×
  A trial court abuses its discretion in vacating a default final judgment under rule 1.540(b) when the moving party presents only general assertions without specific facts supporting the required elements of excusable neglect, due diligence, and meritorious defense, and the court
• Barrett v. Busser
  310 So. 3d 1016· Fla. 2d DCA· 2020-08-07 ·cited 4×
  The appellate court reversed a trial court's denial of a motion for reconsideration and rehearing, finding that the trial court abused its discretion by failing to hold an evidentiary hearing. The case involved an injunction for protection against stalking.
• Mathews v. State
  958 So. 2d 1104· Fla. 4th DCA· 2007-06-20 ·cited 4×
  Christopher Mathews appeals the trial court's summary denial of his motion to re-file a postconviction relief motion, claiming he timely filed an original motion under the mailbox rule that was lost or misplaced. The court reversed, finding that Mathews's allegation of timely fil
• In re Danielson
  981 F.2d 296· 7th Cir.· 1992-12-09 ·cited 4×
  A debtor's untimely filing of a proof of claim on behalf of the IRS, even if filed within the time allowed for the debtor to file on behalf of a creditor, is not permitted if it exceeds the deadlines set by the Bankruptcy Rules.
• United States v. Kimberlin
  898 F.2d 1262· 7th Cir.· 1990-03-28 ·cited 4×
  An imprisoned litigant represented by counsel does not receive the benefit of Houston v. Lack, which applies only to pro se prisoners. Therefore, the notice of appeal was untimely.
• Kitchen Design Cabinets, Inc. v. Dionysia Bentley
  320 So. 3d 1013· Fla. 1st DCA· 2021-07-06 ·cited 3×
  The appellate court affirmed the trial court's order denying a motion to vacate a clerk's default. The court found that the appellant failed to demonstrate excusable neglect and that the trial court did not abuse its discretion in its factual findings.
• Pipeline Constructors, Inc. v. The Transition House, Inc.
  257 So. 3d 606· Fla. 1st DCA· 2018-10-18 ·cited 3×
  A trial court may not dismiss an action for failure to appear at a case management conference scheduled in violation of rule 1.200(a), and where a party establishes excusable neglect through uncontroverted affidavits, relief from dismissal under rule 1.540(b) must be granted.
• Amex Int'l, Inc. v. Kunde
  722 So. 2d 909· Fla. 5th DCA· 1998-12-04 ·cited 3×
  A defendant may set aside a default based on excusable neglect when service is perfected on the registered agent, the complaint is lost in the mail before reaching the attorney, the defendant asserts a meritorious defense, and the defendant diligently seeks relief after learning
• Realeza Motors, Inc. v. Norviel Alvarez
  394 So. 3d 722· Fla. 3d DCA· 2024-06-26 ·cited 2×
  A trial court does not abuse its discretion in denying a motion to vacate a default judgment when the defendant received notice of the proceedings, responded to the complaint, and the default resulted from the defendant's affirmative failure to provide a proper address and misund
• Mirna J. DeBlois v. Dominguez
  390 So. 3d 51· Fla. 3d DCA· 2023-09-13 ·cited 2×
  A non-final order granting a late-filed motion to substitute a deceased party's personal representatives is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)i because the order does not determine personal jurisdiction over the substituted parties. However, s
• Bigelow v. Ritsema
  289 So. 3d 550· Fla. 5th DCA· 2020-01-24 ·cited 2×
  A trial court lacks jurisdiction to amend a final judgment by making substantive changes after the time for rehearing has expired.
• Stevens v. ITT Sys., Inc.
  868 F.2d 1040· 9th Cir.· 1989-02-21 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment because the appellant's counsel failed to exercise the requisite due diligence.
• Hanniford v. United Servs. Auto. Ass'n
  418 So. 3d 726· Fla. 1st DCA· 2025-07-30 ·cited 1×
  The trial court correctly denied relief based on excusable neglect where counsel failed to timely file a motion for trial de novo following non-binding arbitration. The failure resulted from attorney negligence and inaction rather than clerical error, secretarial mistake, or tech
• Hamlin v. Shaughnessy Overland Express, Inc.
  403 So. 3d 458· Fla. 6th DCA· 2025-02-21 ·cited 1×
  A dismissal order entered under Florida Rule of Civil Procedure 1.420(e) for lack of prosecution may be vacated under Rule 1.540(b)(1) upon a showing of excusable neglect, as the plain language of neither rule precludes such relief. However, vacation of the dismissal does not aut