Excusable Neglect

1,860 Florida cases classified under this topic, plus 85 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Vogelsang v. Patterson Dental Co.
  904 F.2d 427· 8th Cir.· 1990-05-29 ·cited 14×
  A notice of appeal is filed when received by the district court clerk, not when mailed, and mailing a notice of appeal does not constitute excusable neglect for a late filing.
• Korman v. Iglesias
  736 F. Supp. 261· S.D. Fla.· 1990-05-10 ·cited 14×
  The court held that the Copyright Act does not preempt the plaintiff's fraud and constructive trust claims, and that the civil theft claim is not preempted because co-authors cannot infringe copyright and civil theft requires scienter not present in copyright infringement. The co
• Floyd v. United States
  900 F.2d 1045· 7th Cir.· 1990-04-20 ·cited 14×
  Simple attorney negligence, without extenuating circumstances, does not constitute good cause for failure to timely serve a summons and complaint under Rule 4(j), even if dismissal would bar the claim.
• Cabral v. Diversified Servs., Inc.
  560 So. 2d 246· Fla. 3d DCA· 1990-03-06 ·cited 14×
  Cabral appeals the denial of his motion for relief from a default judgment entered against him in a car rental dispute. The court reversed, finding that the complaint failed to state a cause of action, that Cabral demonstrated excusable neglect and a meritorious defense, and that
• George A. Morris, III, M.D., P.A. v. Ergos
  532 So. 2d 1360· Fla. 2d DCA· 1988-11-04 ·cited 14×
  In this medical malpractice case, the court reversed an order striking the defendant physician's defenses for failure to timely respond to pre-suit discovery questions. The court held that while the delay was neglectful, striking the defenses was an unnecessarily harsh remedy not
• Fed. Sav. & Loan Ins. Corp. for Sun Belt Fed. Bank v. Kroenke
  858 F.2d 1067· 5th Cir.· 1988-10-28 ·cited 14×
  The court held that the district court did not abuse its discretion in denying Kroenke's motion to alter or amend the judgment denying relief from default, as Kroenke's asserted defenses lacked merit and his failure to respond was not due to excusable neglect or surprise.
• Hyun LEE and Oh Hi Lee v. Su Shin Chung and Yang Soon Chung
  528 So. 2d 1313· Fla. 2d DCA· 1988-08-03 ·cited 14×
  The Lees sought review of a trial court order that vacated a final judgment in their favor, which had dismissed the Chungs' complaint for reformation of a business lease and specific performance. The appellate court reversed, holding that the trial court abused its discretion in
• Riat Danko v. Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor
  846 F.2d 366· 6th Cir.· 1988-05-12 ·cited 14×
  The court held that an untimely petition for review of a Benefits Review Board decision cannot be transferred to the proper circuit if the filing deadline has passed.
• Cole v. Blackwell
  523 So. 2d 725· Fla. 3d DCA· 1988-04-12 ·cited 14×
  The court held that a former client's belief that she need not respond, based on partner's representation, constituted excusable neglect, and failure to provide notice of damages hearing violated due process.
• In re Bowman v. Bowman
  821 F.2d 245· 5th Cir.· 1987-06-26 ·cited 14×
  A district court order reversing a bankruptcy court's dismissal and remanding for further proceedings is not a final order for purposes of appellate jurisdiction under 28 U.S.C. § 158(d).
• Alaska Limestone Corp. v. Hodel
  799 F.2d 1409· 9th Cir.· 1986-09-18 ·cited 14×
  The court held that the district court did not abuse its discretion in denying Alaska Limestone's motion for an extension of time to file a notice of appeal.
• Jackson v. Schoemehl
  788 F.2d 1296· 8th Cir.· 1986-04-02 ·cited 14×
  The court held that the plaintiffs' post-judgment motion should be treated as a Rule 59(e) motion, tolling the time for appeal, and that dismissal for failure to prosecute was too severe a sanction.
• Scarpa v. Murphy
  782 F.2d 300· 1st Cir.· 1986-01-28 ·cited 14×
  The court held that the postal service's delay constituted excusable neglect or good cause for extending the time to file a notice of appeal.
• Tire Kingdom, Inc. v. Bowman
  480 So. 2d 221· Fla. 5th DCA· 1985-12-26 ·cited 14×
  The court held that the non-alienation provisions of ERISA do not preclude garnishment of pension funds to satisfy liabilities arising from an employee's criminal misconduct against their employer.
• United States v. Nieuwsma
  779 F.2d 1359· 8th Cir.· 1985-12-26 ·cited 14×
  A guilty plea is knowing and intelligent if the defendant understood the nature of the charge, and the indictment and record provided sufficient notice of the intent element.
• Hibernia Nat'l Bank v. Administracion Central Sociedad Anonima
  776 F.2d 1277· 5th Cir.· 1985-11-20 ·cited 14×
  The court held that the district court abused its discretion in denying the motion to set aside the summary judgment and consider the appellant's untimely response.
• Minoru Yasui v. United States
  772 F.2d 1496· 9th Cir.· 1985-10-04 ·cited 14×
  The majority erred in applying the time limit for criminal appeals to appeals from denial of a writ of error coram nobis.
• In re The Yoder Co. v. The Yoder Co.
  758 F.2d 1114· 6th Cir.· 1985-04-02 ·cited 14×
  A presumption of receipt from mailing is rebutted by testimony of non-receipt and has no probative effect once rebutted under Federal Rule of Evidence 301.
• Otoe Cnty. Nat'l Bank v. W & P Trucking, Inc.
  754 F.2d 881· 10th Cir.· 1985-02-11 ·cited 14×
  The court held that the automatic stay provision of 11 U.S.C. § 362(a) applies only to the debtor and not to co-debtors or guarantors, and that the trial court did not abuse its discretion in denying the guarantor's motion to vacate the default judgment.
• In re THE Brickyard v. The Walker-Pinkston Cos., Inc.
  735 F.2d 1154· 9th Cir.· 1984-06-22 ·cited 14×
  A notice of appeal filed before a judgment or order is entered, but after it is announced, is valid under Bankruptcy Rule 802, similar to Federal Rule of Appellate Procedure 4(a)(2).
• United States v. Whitaker
  722 F.2d 1533· 11th Cir.· 1984-01-16 ·cited 14×
  The court held that a written motion for release pending appeal, filed within the time for an extension, can satisfy the jurisdictional notice of appeal requirements under Fed.R.App.P. 4(b).
• L.B.T. Corp. v. Camacho
  429 So. 2d 88· Fla. 5th DCA· 1983-04-06 ·cited 14×
  The court held that notice was not required for the entry of a default when the defendant had not filed any papers, but notice was required for a hearing on unliquidated damages.
• Abdul Shah v. T.D. Hutto
  704 F.2d 717· 4th Cir.· 1983-04-04 ·cited 14×
  The court held that the 1979 amendment to Rule 4(a)(5) requires a formal motion for an extension of time to file a notice of appeal, and an untimely notice of appeal cannot be treated as such a motion.
• Am. Agronomics Corp. v. Varner
  413 So. 2d 484· Fla. 2d DCA· 1982-05-07 ·cited 14×
  American Agronomics Corporation appeals a default judgment entered against it after the corporation failed to respond to a summons and complaint. The court reversed, holding that the failure to deliver the summons to company counsel constituted excusable neglect warranting relief
• Gibbs v. The Town OF Frisco City
  626 F.2d 1218· 5th Cir.· 1980-10-01 ·cited 14×
  The court held that the district court erred in requiring the plaintiff to pay half of the attorney's fees awarded under 42 U.S.C. § 1988, as such a reduction is not justified by the nature of the case.
• KAR Rare Owners Grp. OF Fla., Ltd. v. Chason
  356 So. 2d 851· Fla. 4th DCA· 1978-03-14 ·cited 14×
  In this appeal, the Fourth District Court of Appeal affirmed a trial court's denial of a motion to vacate a summary judgment against defendants who claimed ignorance of litigation progress due to address changes and attorney withdrawal. The court held that defendants' conduct con
• Bailey v. Deebold
  351 So. 2d 355· Fla. 2d DCA· 1977-10-21 ·cited 14×
  Bailey sued Deebold for boat damage, obtaining a default judgment against Deebold in June 1976. Deebold moved to vacate the default in November 1976, citing excusable neglect based on his reliance on retained counsel. The trial court granted the motion, but the appellate court re
• United States v. June
  503 F.2d 442· 8th Cir.· 1974-09-27 ·cited 14×
  The court held that the notice of appeal was not timely filed, and therefore, the court lacks jurisdiction to hear the appeal.
• Robbins v. Thompson
  291 So. 2d 225· Fla. 4th DCA· 1974-03-08 ·cited 14×
  In this appeal, the court addresses whether a trial court abused its discretion in denying a defendant's motion to set aside a default judgment. The court holds that while the default was properly entered, the defendant retained the right to contest damages at trial, and the tria
• Tribbitt v. Louie L. Wainwright
  462 F.2d 600· 5th Cir.· 1972-06-27 ·cited 14×
  The court held that the appeal must be dismissed for want of jurisdiction because the notice of appeal was untimely filed.
• Durham v. United States
  400 F.2d 879· 10th Cir.· 1968-09-11 ·cited 14×
  The court held that the appellant's motion for a delayed appeal was dismissed because no notice of appeal was filed within the prescribed time, and his motion for forma pauperis review of the § 2255 denial was also denied as frivolous.
• Long v. Emery
  383 F.2d 392· 10th Cir.· 1967-09-18 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the motion for an extension of time to appeal, as counsel's failure to receive notice of the order did not constitute excusable neglect.
• Graves v. Gen. Ins. Corp.
  381 F.2d 517· 10th Cir.· 1967-08-15 ·cited 14×
  The court held that a notice of appeal is sufficient if it is received by the clerk within the time period, even if it contains a misnomer of the appellate court, as long as the intent to appeal is clear and the appellee is not misled.
• Austin Burke, Inc. v. Vigilant Ins. Co.
  179 So. 2d 600· Fla. 3d DCA· 1965-10-26 ·cited 14×
  The court held that the trial court did not abuse its discretion in refusing to set aside a final judgment entered after a default, as the appellant's reliance on a third party's assurance was not excusable neglect.
• Beaufort Concrete Co. v. Atl. States Constr. Co.
  352 F.2d 460· 5th Cir.· 1965-10-05 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing to consider late-filed affidavits opposing summary judgment, and that without these affidavits, summary judgment for the defendant was appropriate.
• The Panama City Gen. P'ship v. Godfrey Panama City Inv.
  109 So. 3d 291· Fla. 1st DCA· 2013-03-06 ·cited 13×
  The Panama City General Partnership appealed a trial court's denial of its motion to quash service and set aside a default judgment entered by Godfrey. The Florida First District Court of Appeal held that while a simple denial of service is insufficient to quash service, the Part
• Belki A. Cabral v. City OF Miami Beach
  76 So. 3d 324· Fla. 3d DCA· 2011-10-26 ·cited 13×
  Cabral appeals a dismissal of her negligence claim against the City of Miami Beach based on alleged failure to provide timely notice under Florida's governmental immunity statute. The court reversed, holding that the City had actually received timely notice of the claim on multip
• Taylor v. Taylor
  67 So. 3d 359· Fla. 4th DCA· 2011-07-20 ·cited 13×
  The Fourth District Court of Appeal reversed the trial court's denial of a former husband's motions for relief from a final divorce judgment and an order awarding his airplane interest to his ex-wife. The court found that the husband provided unrebutted sworn testimony that he ne
• Eusepi v. Magruder EYE Inst.
  937 So. 2d 795· Fla. 5th DCA· 2006-09-15 ·cited 13×
  Joyce Eusepi appealed the dismissal of her medical negligence complaint after her husband's death, arguing that she timely filed a motion to substitute herself as representative of his estate within the 90-day period required by Florida Rule of Civil Procedure 1.260, even though
• Hart v. City OF Groveland
  919 So. 2d 665· Fla. 5th DCA· 2006-01-27 ·cited 13×
  Hart successfully challenged four annexation ordinances under Florida Statute 171.081 and was awarded costs and attorney's fees by the circuit court. The circuit court later struck Hart's motion to determine the amount of fees, reasoning that Hart had not personally paid them and
• Roney Plaza Assocs., Ltd. v. Henry
  848 So. 2d 436· Fla. 3d DCA· 2003-07-02 ·cited 13×
• FIERA.COM, Inc. v. Digicast NEW Media Grp., Inc.
  837 So. 2d 451· Fla. 3d DCA· 2002-12-11 ·cited 13×
  Fiera.com appeals the entry of a default judgment and garnishment order entered without notice or opportunity to defend on damages. The court reversed, holding that where damages are unliquidated, a defendant is entitled to notice and a hearing to contest the amount before judgme
• Nat'l Union Fire Ins. Co. of Pittsburgh, P.A. v. McWILLIAMS
  799 So. 2d 378· Fla. 4th DCA· 2001-11-14 ·cited 13×
  An ex parte default must be set aside where the plaintiff had actual knowledge that the defendant was represented by counsel and intended to defend the lawsuit, but failed to contact the defendant's counsel prior to seeking default.
• Torrey v. Leesburg Reg'l Med. Ctr.
  769 So. 2d 1040· Fla.· 2000-10-26 ·cited 13×
  The Florida Supreme Court held that a complaint signed by an attorney not licensed to practice in Florida is a defective but amendable pleading, not a nullity, and that trial courts must allow litigants reasonable time to amend with authorized counsel without requiring a showing
• Cedar Hammock Fire Dep't & Fla. League of Cities v. Bonami
  672 So. 2d 892· Fla. 1st DCA· 1996-05-07 ·cited 13×
  In a workers' compensation appeal, the First District Court of Appeal reversed a judge's exclusion of vocational counselor testimony regarding a claimant's permanent total disability, finding the exclusion constituted an abuse of discretion where the claimant failed to demonstrat
• Merrill Lynch Mortg. Cap., Inc. v. Hallmark Indus., Inc.
  627 So. 2d 12· Fla. 2d DCA· 1993-10-01 ·cited 13×
  Merrill Lynch Mortgage Capital appealed from orders denying its motion to vacate a default judgment entered in a quiet title action brought by Hallmark Industries. The court held that Merrill Lynch Mortgage satisfied all three requirements for vacating a default judgment and that
• Rude v. Golden Crown Land Dev. Corp.
  521 So. 2d 351· Fla. 2d DCA· 1988-03-09 ·cited 13×
  The court held that the trial court abused its discretion by vacating a final judgment based on insufficient evidence of excusable neglect and by allowing a third party to intervene after judgment.
• United States v. ONE 1979 Rolls-Royce Corniche Convertible
  770 F.2d 713· 7th Cir.· 1985-08-27 ·cited 13×
  The court held that the claimant failed to demonstrate grounds for vacating the default judgment and that the appeal should be dismissed for lack of jurisdiction over the res after its proper disposition.
• Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright
  452 So. 2d 638· Fla. 4th DCA· 1984-06-20 ·cited 13×
  Community Federal Savings and Loan Association appealed from an order setting aside a default judgment in a mortgage foreclosure proceeding against a minor ward. The court held that the foreclosure judgment was void because the minor property owner was never made a party to the a
• Farmers Prod. Credit Ass'n v. Emperador Seafoods, Inc.
  416 So. 2d 889· Fla. 4th DCA· 1982-07-14 ·cited 13×
  Farmers Production Credit Association appealed a trial court's order setting aside a default judgment against Emperador Seafoods and the Furtados. The Fourth District reversed, holding that the defendants failed to demonstrate excusable neglect as required to set aside a default