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397 So. 3d 90·
Fla. 4th DCA·
2024-11-13
·cited 1×
A clerk's default is void when a defendant has filed any document in the action before the default is entered, as rule 1.500(a) prohibits clerk defaults once a defendant has filed a paper. A judicial default is void when the defendant is not properly served with notice of the app
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391 So. 3d 617·
Fla. 6th DCA·
2024-07-12
·cited 1×
Trial courts have authority under Florida Rule of Civil Procedure 1.090(b) to extend the twenty-day deadline for requesting a trial de novo after nonbinding arbitration when the extension motion is filed within the original deadline and cause is shown. The mandatory language of t
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386 So. 3d 1038·
Fla. 6th DCA·
2024-04-19
·cited 1×
A trial judge must be disqualified when he abandons his neutral position and provides unsolicited strategic legal advice to one party, then continues the proceeding to allow that party to act on the advice. Such conduct violates the fundamental principle that judges must avoid th
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371 So. 3d 1021·
Fla. 1st DCA·
2023-10-11
·cited 1×
The appellate court affirmed a trial court's judgment enforcing a non-binding arbitration decision. The appellant failed to file a timely request for a trial de novo, which is a mandatory procedural step to challenge the arbitration award.
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335 So. 3d 226·
Fla. 2d DCA·
2022-03-18
·cited 1×
The appellate court affirmed the termination of a father's parental rights, despite his disconnection from a remote hearing. The court held that the father should have filed a motion to vacate the judgment, rather than appealing directly, to determine if his disconnection was vol
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248 So. 3d 1191·
Fla. 4th DCA·
2018-06-06
·cited 1×
A trial court has authority under Florida Rule of Criminal Procedure 3.050 to extend the forty-five-day deadline to file a notice of intent to seek the death penalty, contrary to the trial court's conclusion that it lacked such authority. However, when a deadline has already expi
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Fla. 3d DCA·
2026-10-14
A successive rule 1.540(b) motion is not authorized or timely under rule 9.130(a)(5) when the grounds asserted were known to the movant at the time the first rule 1.540(b) motion was filed, and the appellate court lacks jurisdiction to review such a motion.
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Fla. 3d DCA·
2026-09-30
Although a trial court's inadvertent failure to recognize record activity within the 60-day safe harbor is cognizable under Florida Rule of Civil Procedure 1.540(b)(1), relief must still be sought within a reasonable time, and a motion filed more than seven weeks after dismissal
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Fla. 4th DCA·
2026-09-02
A clerk's default is void when obtained without notice to a defendant's known counsel after counsel has communicated representation and intent to defend, as such notice is required by Florida Rule of Civil Procedure 1.500(b) and due process.
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Fla. 3d DCA·
2026-07-30
A party seeking relief from judgment based on excusable neglect must present sworn statements or affidavits and sufficient evidence meeting the requirements of rule 1.540(b), or the trial court abuses its discretion in vacating the judgment.
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Fla. 6th DCA·
2026-05-29
To set aside a default final judgment, a party must prove by sworn evidence that its failure to comply with court orders resulted from excusable neglect, that it has meritorious defenses or claims, and that it acted with due diligence from learning of the default.
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Fla. 2d DCA·
2026-05-13
A motion to vacate under Florida Family Law Rule of Procedure 12.540(b) does not toll the rendition of a judgment and therefore does not extend the time to appeal, and such a motion must be supported by sworn statements or affidavits to be valid.
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Fla. 3d DCA·
2026-04-20
A trial court does not abuse its discretion in granting relief from a default judgment under Rule 1.540(b)(1) when the defendant establishes excusable neglect resulting from internal procedural failures, demonstrates meritorious defenses through a draft answer with affirmative de
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M.D. Fla.·
2025-12-19
The court denied the plaintiff's motion for leave to file an amended complaint and for CM/ECF access.
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Fla. 3d DCA·
2025-12-03
Once a defendant is personally served with an initial complaint, service of amended complaints is accomplished through the procedures in Florida Rule of General Practice and Judicial Administration 2.516(a) and (b), and a certificate of service is prima facie proof of proper serv
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M.D. Fla.·
2025-12-03
The court denied plaintiffs' motion to extend expert disclosure deadlines because it failed to comply with local rules, court orders, and the good cause standard required for modifications.
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M.D. Fla.·
2025-11-14
The court held that the defendant failed to demonstrate good cause to set aside the default or a basis under Rule 60(b) to set aside the default judgment.
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Fla. 3d DCA·
2025-09-03
When a motion for relief from judgment under rule 1.540(b) sets forth a colorable entitlement to relief, the trial court must conduct an evidentiary hearing to determine whether relief should be granted.
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S.D. Fla.·
2025-06-17
The court held that the defendant failed to demonstrate excusable neglect, a void judgment, or extraordinary circumstances to set aside the default judgment under Federal Rule of Civil Procedure 60(b).
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Fla. 4th DCA·
2025-06-11
When a plaintiff shows good cause for failure to serve process within 120 days, the trial court must extend the time for service and has no discretion to do otherwise. The plaintiff's diligent efforts to serve a foreign defendant through the Hague Convention process, including hi
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Fla. 4th DCA·
2025-06-11
A trial court abuses its discretion by entering a final judgment without holding a hearing on a pro se defendant's motion for relief from judgment based on excusable neglect caused by technological difficulties with a Zoom hearing.
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Fla. 2d DCA·
2025-05-16
When an appellant fails to provide a transcript or adequate substitute for an unreported hearing on a motion to set aside a default judgment, the appellate court must affirm the trial court's order because the record is insufficient to demonstrate a gross abuse of discretion.
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Fla. 4th DCA·
2025-04-30
A trial court violates due process by entering a default judgment as a sanction for failure to appear at a case management conference without first providing the party notice of the application for default and an opportunity to be heard on whether the noncompliance was willful or
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Fla. 4th DCA·
2025-04-16
When a motion for relief from judgment sets forth a colorable entitlement to relief based on excusable neglect, the trial court abuses its discretion by denying the motion without conducting an evidentiary hearing. Technical difficulties preventing a party from accessing a video
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S.D. Fla.·
2025-03-25
The court granted the defendants' motion to set aside the clerk's default, finding they met the minimum showing required for good cause under Rule 55(c).
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Fla. 3d DCA·
2025-02-05
Excusable neglect does not result from a misunderstanding of a party's legal obligations.
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M.D. Fla.·
2025-01-09
The court denied the plaintiff's motion for relief from judgment, finding his claimed reasons did not constitute excusable neglect or meet the requirements for relief under the applicable rules.
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Fla. 4th DCA·
2025-01-08
A trial court does not grossly abuse its discretion in granting a motion to vacate a default judgment when evidence supports findings of excusable neglect and due diligence, particularly where the defendant suffered from diminished mental capacity and did not receive proper notic
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Fla. 5th DCA·
2024-10-08
A trial court commits fundamental error by dismissing a case with prejudice sua sponte without providing proper notice of intent to consider such a sanction, particularly when the notice warned only of dismissal for lack of prosecution, which by law is without prejudice.
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Fla. 4th DCA·
2024-07-24
A trial court does not abuse its discretion in denying a motion to set aside a default for excusable neglect, but summary judgment on damages is improper when factual issues exist regarding the contract damages.
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M.D. Fla.·
2024-04-05
The court denied the plaintiffs' motion for clerk's default against Carlos A. Otero because the motion failed to comply with local rules and federal rules regarding service of process.
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S.D. Fla.·
2024-01-30
The court granted in part and denied in part ZAGG's motion to compel discovery and extend deadlines, ordering DVG's counsel to supervise document collection and allowing ZAGG to subpoena a newly disclosed vendor.
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Fla. 4th DCA·
2024-01-17
A motion requesting the trial court appoint representatives to represent a deceased defendant's interests, filed within 90 days of the suggestion of death and citing rule 1.260(a)(1), constitutes a timely motion for substitution under Florida Rule of Civil Procedure 1.260(a)(1),
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M.D. Fla.·
2024-01-08
The court denied defendant's motions to compel a mental examination and extend expert disclosure deadlines because they were filed after the established deadlines and lacked good cause or excusable neglect.
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M.D. Fla.·
2023-12-08
The court denied both plaintiffs' and defendant's motions for extensions of time and struck plaintiffs' motion for summary judgment.
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M.D. Fla.·
2023-11-29
The court held that there was good cause to set aside the entry of default against American Express.
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M.D. Fla.·
2023-07-07
The court held that there was good cause to set aside the clerk's entry of default against Synchrony Bank.
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M.D. Fla.·
2023-04-12
The court held that the plaintiff's motion to re-open discovery was denied because the late disclosure of evidence was neither substantially justified nor harmless, and the evidence was not relevant to existing claims.
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M.D. Fla.·
2023-03-01
The court granted the defendant's motion to set aside the clerk's default because good cause existed.
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S.D. Fla.·
2022-11-23
The court denied the defendant's motion to continue trial and pre-trial deadlines because the defendant failed to demonstrate good cause or excusable neglect for the delays.
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M.D. Fla.·
2022-11-14
The court granted in part and denied in part the plaintiff's motion, granting an extension for discovery responses and clarification on service, but denying reconsideration, leave to amend, and inclusion of COVID-19 arguments.
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M.D. Fla.·
2022-05-17
The court held that the plaintiff's disclosures of non-retained experts were timely under the default rule, and thus the defendant's motion to preclude expert testimony was denied. The court also granted in part the plaintiff's motion to extend deadlines.
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S.D. Fla.·
2022-05-13
The court denied the plaintiff's motion to reopen discovery to take a 30(b)(6) deposition, finding no good cause or excusable neglect.
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338 So. 3d 408·
Fla. 3d DCA·
2022-04-20
A default judgment entered against a defendant for failure to comply with a court order must be set aside when the defendant demonstrates excusable neglect, a meritorious defense, and due diligence, and when the default was entered without proper notice and opportunity to be hear
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Fla. 2d DCA·
2022-03-04
The appellate court reversed a trial court's decision to grant relief from a settlement proposal, finding that the defendants failed to provide sufficient evidence of excusable neglect and that the statute governing settlement proposals does not allow for rescission based on unil
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S.D. Fla.·
2022-02-01
The court held that the plaintiff failed to demonstrate good cause or exceptional circumstances to modify the amended scheduling order and extend discovery deadlines.
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S.D. Fla.·
2021-10-06
The court denied the parties' joint motion to extend the deadlines in the scheduling order.
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S.D. Fla.·
2021-07-27
The court held that the defendant failed to show good cause for an extension of deadlines, as required by Federal Rule of Civil Procedure 16(b).
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M.D. Fla.·
2021-04-16
The court held that the plaintiff failed to demonstrate good cause or excusable neglect to reopen discovery after the discovery period had closed.
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S.D. Fla.·
2021-04-08
The court held that the plaintiff failed to establish good cause and excusable neglect to reopen discovery for a non-party deposition after the deadline had expired.