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

• Quick & Reilly, Inc. v. Morton J. Perlin and Charlotte W. Perlin
  411 So. 2d 978· Fla. 3d DCA· 1982-03-30 ·cited 13×
  Quick & Reilly and its clearing corporation appealed from the denial of their motion to vacate a default judgment in a securities dispute. The Florida appellate court affirmed, holding that the defendants' motion to vacate was untimely and that an attorney representing himself ma
• Diners Club, Inc. v. Brachvogel
  395 So. 2d 1156· Fla.· 1980-10-30 ·cited 13×
  Diners Club sued the Brachvogels on a credit card account and obtained a default judgment against Mrs. Brachvogel after service was perfected by leaving documents with her husband. The Florida Supreme Court held that while service was valid, a trial judge has discretion to vacate
• Assocs. Disc. Corp. v. Goldman
  524 F.2d 1051· 3d Cir.· 1975-10-30 ·cited 13×
  The court held that the district court must consider whether the attorney had express authority to consent to the judgment, and that the attorney's ignorance of the forgery may warrant reopening the judgment based on mistake or inadvertence.
• Cutting v. Bullerdick
  178 F.2d 774· 9th Cir.· 1949-12-16 ·cited 13×
  A notice of motion, filed within the statutory time limit and clearly indicating an intent to appeal, can be treated as a sufficient notice of appeal, especially when procedural rules were uncertain.
• Shelswell v. Bourdeau
  239 So. 3d 707· Fla. 4th DCA· 2018-02-21 ·cited 12×
  Rachel Shelswell appeals the dismissal of her negligence suit with prejudice due to her counsel's failure to appear at a case management conference. Although the trial court's dismissal order was deficient for failing to include express findings that the failure to appear was wil
• Minda v. Minda
  190 So. 3d 1126· Fla. 2d DCA· 2016-04-29 ·cited 12×
  Nancy Minda appeals orders denying her motions to set aside a default judgment of dissolution entered against her in a Florida divorce proceeding. The court affirms the denial of her first motion as facially insufficient but reverses the denial of her second motion, holding it wa
• Clive Stuart-Findlay v. Bank OF Am.
  183 So. 3d 468· Fla. 4th DCA· 2016-01-20 ·cited 12×
  The borrower appealed a foreclosure judgment, arguing the trial court erred in denying motions to vacate a clerk's default that was improperly entered. The appellate court agreed, holding that under Florida Rule of Civil Procedure 1.500, once a party files any paper in an action,
• Napoleon G. Bequer and Glenna G. Bequer v. Nat'l City Bank
  46 So. 3d 1199· Fla. 4th DCA· 2010-11-10 ·cited 12×
  The trial court erred in setting aside the default final judgment because the appellee failed to establish excusable neglect.
• Sundarampillai Jeyanandarajan v. Freedman
  863 So. 2d 432· Fla. 4th DCA· 2003-12-31 ·cited 12×
  Appellant Jeyanandarajan appeals from a final judgment entered after the trial court denied his motion to vacate a default judgment. The appellate court reversed, holding that the appellant presented sufficient evidence of excusable neglect because his wife, who was served, faile
• Moreno Constr., Inc. v. Clancy & Theys Constr. Co.
  722 So. 2d 976· Fla. 5th DCA· 1999-01-08 ·cited 12×
  Moreno Construction appeals a default judgment entered after the trial court rejected an answer filed by the corporation's president rather than counsel. The court reversed, finding the corporation established excusable neglect by promptly hiring counsel after learning of the att
• Allstate Ins. Co. v. Gulisano
  722 So. 2d 216· Fla. 2d DCA· 1998-10-09 ·cited 12×
  The court held that the trial court erred in granting the Gulisanos' motion for relief from judgment because the motion was untimely and not supported by grounds under Rule 1.540, and the Gulisanos failed to take necessary steps to protect their interests regarding Mr. Gulisano's
• Citibank, FSB v. PNC Mortg. Corp. OF Am. formerly Sears Mortg. Corp.
  718 So. 2d 300· Fla. 2d DCA· 1998-09-11 ·cited 12×
  Citibank appeals a foreclosure sale distribution order that allocated surplus proceeds to junior lienholders without determining the legal priorities among them. The appellate court reversed, holding that the trial court must prioritize all junior lienholders' claims before distr
• Joe-Lin, Inc. v. LRG Rest. Grp., Inc.
  696 So. 2d 539· Fla. 5th DCA· 1997-07-11 ·cited 12×
  The court held that the trial court abused its discretion by setting aside a default judgment when the appellees failed to demonstrate excusable neglect and a meritorious defense.
• Maher v. Best Western INN
  667 So. 2d 1024· Fla. 5th DCA· 1996-02-16 ·cited 12×
• Walker v. State
  599 So. 2d 233· Fla. 3d DCA· 1992-05-19 ·cited 12×
  James Walker appealed a 30-year sentence imposed after he failed to return from a two-week furlough and was charged with stealing a car. The court reversed and remanded for a new evidentiary hearing, directing the trial court to hear testimony from the defendant, the arresting of
• Beztak Constr. Co. v. Kesling Carpets, Inc.
  596 So. 2d 1297· Fla. 2d DCA· 1992-05-01 ·cited 12×
  Beztak Construction appealed the trial court's denial of its motion to vacate a clerk's default and final default judgment. The appellate court reversed, holding that the clerk's entry of default was erroneous because Beztak had timely served papers (notice of appearance and moti
• Hunt Exterminating Co., Inc. v. Crum
  598 So. 2d 113· Fla. 2d DCA· 1992-04-10 ·cited 12×
  The court held that the trial court abused its discretion in denying the motion to set aside a clerk's default because the defendant established a reasonable doubt of excusable neglect.
• United States v. ONE LOT OF $25
  938 F.2d 1417· 1st Cir.· 1991-07-16 ·cited 12×
  The court held that in a currency forfeiture case, the government's execution of the judgment does not extinguish appellate jurisdiction if a timely appeal is filed, and the filing of a timely appeal makes a stay or supersedeas bond unnecessary for jurisdictional purposes. The co
• City OF Hollywood v. Cordasco
  575 So. 2d 301· Fla. 4th DCA· 1991-02-27 ·cited 12×
  The City of Hollywood appeals the trial court's denial of its motion to vacate a default judgment and its subsequent motion for rehearing. The appellate court reverses, holding that a trial court may allow a party to cure a defective motion to vacate through a subsequent motion f
• Atl. Asphalt & Equip. Co., Inc. v. Feliciano Moreno Mairena
  578 So. 2d 292· Fla. 3d DCA· 1991-02-19 ·cited 12×
  Atlantic Asphalt appealed a trial court's denial of its motion to vacate a default judgment. The Third District Court of Appeal reversed, holding that Atlantic satisfied all three requirements for vacating a default: excusable neglect, a meritorious defense, and due diligence in
• Allied Steel v. City OF Abilene
  909 F.2d 139· 5th Cir.· 1990-08-20 ·cited 12×
  The court held that a business crisis and misinterpretation of appeal deadlines by office staff do not constitute 'excusable neglect' under FRAP 4(a)(5), rendering the notice of appeal untimely.
• World's Finest Prods., Inc. v. Carpenter
  564 So. 2d 626· Fla. 4th DCA· 1990-08-01 ·cited 12×
• Mathews Corp. v. Green's Pool Serv.
  584 So. 2d 1006· Fla. 3d DCA· 1990-07-10 ·cited 12×
  Mathews Corporation appealed a trial court's denial of its motion to set aside a default judgment under Florida Rule of Civil Procedure 1.540. The court affirmed, holding that the defendant failed to demonstrate excusable neglect and a meritorious defense as required by rule.
• Baylis v. Marriott Corp.
  906 F.2d 874· 2d Cir.· 1990-06-22 ·cited 12×
  The court held that the state-law claim for tortious inducement of breach of a collective bargaining agreement is preempted by the Railway Labor Act (RLA) because it requires interpretation of the agreement, and that the initial notice of appeal, though informal, was sufficient t
• United States v. ONE Urban LOT Located AT 1 St. A-1
  885 F.2d 994· 1st Cir.· 1989-09-22 ·cited 12×
  The court held that a timely filed verified answer containing all required information can satisfy the standing requirement normally fulfilled by a claim in an in rem forfeiture proceeding, and that the district court abused its discretion by striking such an answer and entering
• Ponderosa, Inc. v. Stephens
  539 So. 2d 1162· Fla. 2d DCA· 1989-03-08 ·cited 12×
  The court held that the trial court abused its discretion in denying the motion to vacate the default judgment.
• West v. Rejina Reba West
  534 So. 2d 893· Fla. 5th DCA· 1988-12-08 ·cited 12×
  A husband appeals a default dissolution judgment, arguing he was entitled to notice of the final hearing and that the trial court abused its discretion in denying his motion to set aside the default based on excusable neglect and alleged fraud by his wife. The appellate court aff
• BAY City Mgmt., Inc. v. Henderson
  531 So. 2d 1013· Fla. 1st DCA· 1988-09-29 ·cited 12×
  Bay City Management and Tidewater Investment appeal the entry of default judgments against them in a negligence suit. The court reversed, holding that no valid service of process was effected on the individual general partners because no summons was ever issued to them, only to t
• Kersh v. Derozier
  851 F.2d 1509· 5th Cir.· 1988-08-15 ·cited 12×
  The court held that a pro se litigant's ignorance of service rules does not constitute 'good cause' for untimely service, and that a defendant waives the defense of insufficient service of process if not raised in their first responsive pleading. The court also found a pretrial s
• Malone v. Avenenti
  850 F.2d 569· 9th Cir.· 1988-06-28 ·cited 12×
  The court held that the appellant's request for an extension of time was untimely and that the district court could not grant an effective extension ex parte without notice to the state.
• In re Vertientes, Ltd. v. Internor Trade, Inc.
  845 F.2d 57· 3d Cir.· 1988-04-19 ·cited 12×
  The court held that a bankruptcy court has no discretion to allow the late filing of a proof of claim when the creditor has not demonstrated excusable neglect or requested an extension before the deadline, and no claim capable of amendment was previously filed.
• Maressa v. A.H. Robins Co.
  839 F.2d 220· 4th Cir.· 1988-02-16 ·cited 12×
  The court held that the district court abused its discretion by exercising general equitable powers instead of applying the specific standard under Fed.R.Civ.P. 60(b) to determine excusable neglect for a late claim filing.
• United States v. United States Currency Totalling $3
  826 F.2d 785· 8th Cir.· 1987-08-21 ·cited 12×
  The court held that the district court did not err in entering a default judgment for failure to comply with the Supplemental Rules for Certain Admiralty and Maritime Claims, but affirmed without prejudice to the claimants filing a Rule 60(b) motion in the district court.
• Campos v. LeFEVRE
  825 F.2d 671· 2d Cir.· 1987-08-03 ·cited 12×
  A notice of appeal filed untimely cannot be treated as a motion for an extension of time under the amended Federal Rule of Appellate Procedure 4(a)(5); a separate motion is required.
• Clayton A. Stacey under the Clayton A. Stacey Tr. Agreement dated February 26 v. Charles J. Rogers, Inc.
  756 F.2d 440· 6th Cir.· 1985-03-01 ·cited 12×
  The court held that the timely filing of a motion for a new trial by one party in a consolidated action does not toll the time for other parties to file their notice of appeal.
• Savela v. Fisher
  464 So. 2d 240· Fla. 2d DCA· 1985-03-01 ·cited 12×
  Defendants appealed from a final judgment of $15,000 entered against them following entry of default. The court reversed, holding that defendants established both excusable neglect and meritorious defenses entitling them to have the defaults set aside.
• In re Universal Minerals Inc.
  755 F.2d 309· 3d Cir.· 1985-02-20 ·cited 12×
  The court held that the failure to file a timely notice of appeal is a jurisdictional defect that deprives the court of jurisdiction, and that unprofessional conduct by counsel also warrants dismissal.
• Wien v. Quayside Realty, Inc.
  462 So. 2d 569· Fla. 3d DCA· 1985-01-15 ·cited 12×
  The Florida District Court of Appeal reversed a default judgment entered against defendants who were served in New York, finding that the trial court erred in refusing to set aside the default where the defendants filed responsive motions within days of learning of the judgment a
• Myers v. Linwood V. Stephenson
  748 F.2d 202· 4th Cir.· 1984-11-05 ·cited 12×
  The court held that the case must be remanded to the district court for fact-finding to determine the actual receipt date of the notice of appeal, as the timeliness is unclear and crucial for appellate jurisdiction.
• United States v. Golding
  739 F.2d 183· 5th Cir.· 1984-08-01 ·cited 12×
  The court held that the timeliness of the notice of appeal is essential to appellate jurisdiction and that the district court must determine excusable neglect.
• Miller v. Fortune Ins. Co.
  453 So. 2d 489· Fla. 2d DCA· 1984-07-27 ·cited 12×
  A trial court loses jurisdiction to grant relief under Florida Rule 1.540(b) once a voluntary dismissal—whether "with prejudice" or "without prejudice"—is filed, and such relief is unavailable regardless of whether the dismissal or its terms resulted from secretarial error or mis
• McGARR v. United States
  736 F.2d 912· 3d Cir.· 1984-06-15 ·cited 12×
  The court held that the district court erred in dismissing the complaint, as the allegations were sufficient to alert the defendant to the nature of the claim.
• United States v. Marsh
  700 F.2d 1322· 10th Cir.· 1983-02-28 ·cited 12×
  A motion to reconsider the denial of a motion for a new trial does not toll the time for filing a notice of appeal under Rule 4(b) of the Federal Rules of Appellate Procedure.
• Bludworth v. Lally
  415 So. 2d 164· Fla. 4th DCA· 1982-06-23 ·cited 12×
  The trial court did not abuse its discretion in denying the motion to vacate a default judgment because the defendants' inaction after repeated notice did not constitute excusable neglect.
• Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison and Minnie W. Madison
  415 So. 2d 84· Fla. 4th DCA· 1982-06-09 ·cited 12×
  The court held that the trial court did not abuse its discretion in finding the hospital's neglect to be gross rather than excusable.
• Barta v. Long
  670 F.2d 907· 10th Cir.· 1982-02-08 ·cited 12×
  The court held that the appeal from the default judgment was untimely, but the appeal from the denial of the Rule 60(b) motion was timely and affirmed the denial. The defendants failed to show good cause for their default or a meritorious defense.
• Pellegrino v. The Marathon Bank
  640 F.2d 696· 5th Cir.· 1981-03-25 ·cited 12×
  The district court abused its discretion in granting an extension of time to file a notice of appeal based on excusable neglect, as the appellant's pro se status and demonstrated familiarity with legal procedures did not excuse his failure to meet mandatory filing deadlines.
• In re the Matter of Ned H. Donnell v. Comm'r OF Internal Revenue Serv.
  639 F.2d 535· 9th Cir.· 1981-02-12 ·cited 12×
  The bankruptcy court did not abuse its discretion in granting an extension for filing a notice of appeal based on excusable neglect, and a tax deficiency is considered 'not reported' under § 17(a)(1)(c) even if gross income and deductions were reported.
• Sentry Indem. Co. v. Hendricks Enters.
  371 So. 2d 1105· Fla. 4th DCA· 1979-06-20 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the motion to set aside the default judgment, but erred in entering a final judgment for an amount exceeding that specified in the garnishment writ.
• The Diners Club, Inc. v. Brachvogel
  370 So. 2d 443· Fla. 3d DCA· 1979-05-08 ·cited 12×