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

• Vicente Pinero Schroeder v. Fed. Nat'l Mortg. Ass'n
  574 F.2d 1117· 1st Cir.· 1978-05-11 ·cited 12×
  The court held that the district court erred in finding excusable neglect for a late appeal filing, thus divesting the appellate court of jurisdiction.
• Garrido v. Markus
  358 So. 2d 577· Fla. 3d DCA· 1978-05-09 ·cited 12×
  Appellants sued a law firm for malpractice and attempted to add the individual partners as defendants after the statute of limitations had run. The court affirmed summary judgment dismissing the individual partners, holding that neither adding them as new defendants nor substitut
• United States v. Gibson
  568 F.2d 111· 8th Cir.· 1978-01-05 ·cited 12×
  The court held that the notice of appeal was timely filed and that the trial court did not err in its joinder or evidentiary rulings.
• Benoist v. Bhd. OF Locomotive Eng'rs
  555 F.2d 671· 8th Cir.· 1977-05-26 ·cited 12×
  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.
• Salazar v. San Francisco Bay Area Rapid Transit Dist.
  538 F.2d 269· 9th Cir.· 1976-07-01 ·cited 12×
  The district court had jurisdiction to grant a motion for an extension of time to file a notice of appeal, even if the motion itself was filed after the initial appeal period expired.
• Pacheco v. Phelps Dodge Ref. Corp.
  531 F.2d 709· 5th Cir.· 1976-05-12 ·cited 12×
  The court held that the trial judge did not abuse his discretion in dismissing the appellant's action for want of prosecution, as the appellant demonstrated indifference to pursuing his claim by failing to meet legal time limitations.
• In re Seats v. Seats
  537 F.2d 1176· 4th Cir.· 1976-04-05 ·cited 12×
  The court held that the bankruptcy court abused its discretion by refusing to modify a discharge order to allow a creditor to pursue a claim against property held by the bankrupt and his wife as tenants by the entirety.
• Espinosa v. Racki
  324 So. 2d 105· Fla. 3d DCA· 1975-12-23 ·cited 12×
  Defendants Eduardo and Angel Espinosa appeal a trial court's denial of their motion to vacate a default judgment. The appellate court reversed, holding that Florida's liberal policy on setting aside defaults favored vacatur where the plaintiff's attorney failed to provide agreed
• Savarese v. Edrick Transfer & Storage, Inc.
  513 F.2d 140· 9th Cir.· 1975-03-10 ·cited 12×
  The court held that the default judgment was properly entered because the defendant failed to timely answer, waived defenses by not raising them promptly, and did not demonstrate excusable neglect.
• United States v. Gamey Bowman
  493 F.2d 594· 2d Cir.· 1974-02-25 ·cited 12×
  The court held that the government's failure to comply with the six-month rule for trial readiness was due to excusable neglect, and therefore affirmed the denial of the defendant's motion to dismiss the indictment.
• Pulliam v. Lucious Pulliam
  478 F.2d 935· D.C. Cir.· 1973-05-07 ·cited 12×
  The appellate court affirmed the district court's order transferring the property, finding that the only issue properly before it was the district court's discretion in that specific order, not the underlying default judgment.
• Dugan v. Mo. Neon & Plastic Advertising Co. & Tubelite Co., Inc.
  472 F.2d 944· 8th Cir.· 1973-02-06 ·cited 12×
  A garnishment summons in aid of execution on an intangible debt creates a choate lien that takes priority over a subsequently filed federal tax lien, entitling the garnishor to status as a judgment lien creditor under 26 U.S.C. § 6323(a).
• Holley v. Capps
  468 F.2d 1366· 5th Cir.· 1972-11-14 ·cited 12×
  The court held that the timeliness of the appeal was unclear and required initial determination by the district court.
• Palmer Johnson, Inc. v. Buxton
  262 So. 2d 892· Fla. 2d DCA· 1972-04-28 ·cited 12×
  Palmer Johnson, Inc. appeals a default judgment entered against it while the parties were engaged in good-faith arbitration efforts to resolve their yacht purchase dispute. The court reverses, finding the default was taken against a defendant who reasonably believed arbitration w
• Frank v. Amara
  235 So. 2d 537· Fla. 1st DCA· 1970-05-26 ·cited 12×
  In an automobile negligence case, the court addressed whether it had jurisdiction to review an order denying the plaintiff's motion for relief from dismissal for failure to prosecute. The court held that while appeals from orders denying rehearing or reinstatement are generally n
• Butler v. Pettigrew
  409 F.2d 1205· 7th Cir.· 1969-04-23 ·cited 12×
  The court held that plaintiffs failed to prove the essential element of reliance in their fraud and deceit action, and thus could not recover.
• 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
• Graham v. The Pa. R.R. & The Wash. Terminal Co.
  342 F.2d 914· D.C. Cir.· 1964-12-10 ·cited 12×
  The court held that the District Court did not abuse its discretion in denying a motion to enlarge the time for substituting a party under Federal Rule of Civil Procedure 25(a)(1).
• Russell v. Cunningham
  279 F.2d 797· 9th Cir.· 1960-06-06 ·cited 12×
  The denial of a Rule 60(b) motion is an appealable order, and the District Court abused its discretion in denying the motion given the unusual circumstances and erroneous beliefs that led to the dismissal. The dismissal of a duplicative federal action was affirmed.
• Ocwen Loan Servicing, LLC v. Timber Courtney Brogdon
  185 So. 3d 627· Fla. 5th DCA· 2016-02-05 ·cited 11×
  The court held that the trial court abused its discretion by denying the motion for relief from dismissal due to counsel's excusable neglect.
• SLY v. McKEITHEN
  27 So. 3d 86· Fla. 1st DCA· 2009-12-22 ·cited 11×
  The trial court abused its discretion by dismissing the complaint with prejudice for failure to timely serve process when the statute of limitations had expired.
• Rivera v. Dep't OF Revenue
  899 So. 2d 1265· Fla. 2d DCA· 2005-04-22 ·cited 11×
  The court held that the circuit court grossly abused its discretion by setting aside a default judgment without evidence of excusable neglect and a meritorious defense.
• Britt v. The City OF Jacksonville
  874 So. 2d 1196· Fla. 1st DCA· 2004-05-10 ·cited 11×
  The court held that the trial court erred by not considering its discretion to extend service time, even without a showing of good cause, especially when the statute of limitations would bar refiling.
• Mercury Marine Indus., Inc. v. Dillon
  779 So. 2d 356· Fla. 2d DCA· 2000-03-29 ·cited 11×
  The court held that a corporation's loss of service papers due to a breakdown in its usually reliable procedure can constitute excusable neglect, warranting setting aside a default judgment.
• Barrero v. Ocean Bank
  729 So. 2d 412· Fla. 3d DCA· 1999-02-17 ·cited 11×
  Ocean Bank obtained summary judgment against Barrero in a real property dispute and served a timely offer of judgment for $500. The bank subsequently sought both trial and appellate attorney's fees under Florida's offer of judgment statute. The court affirms the appellate fees aw
• AL Hendrickson Toyota, Inc. v. Yampolsky
  695 So. 2d 948· Fla. 4th DCA· 1997-07-02 ·cited 11×
• THE Florida BAR v. Tobin
  674 So. 2d 127· Fla.· 1996-05-23 ·cited 11×
  The Florida Bar disciplined attorney Michael M. Tobin for engaging in an ex parte proceeding to obtain court release of funds without notifying the opposing party and subsequently failing to comply with court orders to return those funds. The Florida Supreme Court approved the re
• Partee v. Metro. Sch. Dist. OF Wash. Twp.
  954 F.2d 454· 7th Cir.· 1992-01-21 ·cited 11×
  The court held that the school district was not liable under § 1983 for the superintendent's isolated act, that the plaintiff's promotion claims were not actionable under § 1981, and that the trial court did not abuse its discretion in denying a Rule 60(b) motion to revive dismis
• Steeprow Enters., Inc. v. Lennar Homes, Inc.
  590 So. 2d 21· Fla. 4th DCA· 1991-11-27 ·cited 11×
  Steeprow appeals the trial court's order granting Lennar's renewed motion to vacate a default judgment. The court reverses, holding that a trial court lacks jurisdiction to entertain a second motion for relief from judgment that attempts to relitigate matters already settled by a
• In re Est. of Norma Jean Hill v. HCA Health Servs. OF Fla., Inc.
  582 So. 2d 701· Fla. 1st DCA· 1991-06-26 ·cited 11×
  The personal representative of Norma Jean Hill's estate appeals an order granting a hospital's late creditor claim under Rule 5.495 of the Florida Probate Rules. The court holds that while Rule 5.495 applies prospectively to claims filed after its January 1, 1989 effective date,
• Olson v. Nat'l Broad. Co., Inc.
  855 F.2d 1446· 9th Cir.· 1988-09-01 ·cited 11×
  The court held that "The A-Team" and "Cargo" were not substantially similar under the extrinsic test, and therefore affirmed the grant of judgment notwithstanding the verdict.
• Lepkowski v. United States Dep't of the Treas.
  804 F.2d 1310· D.C. Cir.· 1986-11-14 ·cited 11×
  The court held that the district court did not abuse its discretion in denying a motion for reconsideration under Rule 60(b)(1) when counsel failed to demonstrate excusable neglect for failing to file an opposition to a motion to dismiss.
• Orlando P'rs, Ltd. v. Classic Tour Lines
  492 So. 2d 1117· Fla. 3d DCA· 1986-07-29 ·cited 11×
  The court held that affidavits detailing a wife's forgetfulness to inform her husband about legal papers do not establish excusable neglect for relief from judgment.
• Adele Stroh v. Dudley
  476 So. 2d 230· Fla. 4th DCA· 1985-08-21 ·cited 11×
  The Florida Fourth District Court of Appeal reversed the lower court's dismissal with prejudice of a counterclaim for breach of fiduciary duty and constructive trust that was filed after the 90-day window for substituting the deceased plaintiff's personal representative. The cour
• Kuehne & Nagel, Inc. v. Esser Int'l, Inc.
  467 So. 2d 457· Fla. 3d DCA· 1985-04-16 ·cited 11×
  Kuehne & Nagel appeals the trial court's denial of its motion to vacate a default judgment entered against it. The appellate court reversed, holding that the trial court abused its discretion by refusing to vacate the default when the defendant demonstrated meritorious defenses a
• Belton Donald Chamberlin and Beth Morean v. Mid-Century Ins. Co.
  350 So. 2d 364· Fla. 2d DCA· 1977-10-05 ·cited 11×
  Chamberlin appeals from an order denying his motion to vacate a default judgment entered against him in an insurance coverage dispute. The appellate court affirms the trial court's denial, holding that the trial court did not abuse its discretion in refusing to vacate the default
• Sherif Shafey, M.D. v. Tease
  332 So. 2d 137· Fla. 3d DCA· 1976-05-11 ·cited 11×
  The Circuit Court erred in reversing the County Court's denial of Mr. Tease's motion to vacate the default judgment, but correctly affirmed the County Court's grant of Mrs. Tease's motion to vacate.
• Fairway Ctr. Corp. v. U. I. P. Corp.
  491 F.2d 1092· 8th Cir.· 1974-02-07 ·cited 11×
  The court held that the appellant's appeal should be allowed due to excusable neglect, based on the District Court's error in granting an extension for post-trial motions.
• Nichols-Morris Corp. v. Morris
  272 F.2d 586· 2d Cir.· 1959-12-04 ·cited 11×
• Anneen Nina Gloria Baum v. Becker & Poliakoff, P.A.
  351 So. 3d 185· Fla. 5th DCA· 2022-07-01 ·cited 10×
  Summary judgment was improvidently granted for two of the three defendant law firms because genuine issues of material fact remained regarding whether the attorneys could have prevented dismissal of the probate litigation by presenting evidence of good cause or excusable neglect
• Purdue v. R. J. Reynolds Tobacco Co.
  259 So. 3d 918· Fla. 2d DCA· 2018-11-14 ·cited 10×
  A party alleging that a dismissal order was entered without notice and an opportunity to be heard states a colorable entitlement to relief under Rule 1.540(b)(4) requiring an evidentiary hearing, despite the motion being filed outside the one-year period of Rule 1.540(b)(1), when
• U.S. Bank Nat'l Ass'n v. Martinez
  188 So. 3d 107· Fla. 5th DCA· 2016-04-01 ·cited 10×
  The appellate court reversed a trial court's denial of a motion to set aside a dismissal. The dismissal was due to counsel's failure to appear at a case management conference, and the appellate court found that the trial court erred by not holding an evidentiary hearing and by no
• Adel Vaelizadeh v. Mahnaz Hossaini
  174 So. 3d 579· Fla. 4th DCA· 2015-09-02 ·cited 10×
  The father appeals a circuit court's final judgment granting the mother's petition to relocate with their minor child to Nebraska. The appellate court reversed, finding that good cause existed to preclude entry of the relocation judgment despite the father's untimely response, an
• Zivitz v. Zivitz
  16 So. 3d 841· Fla. 2d DCA· 2009-05-22 ·cited 10×
  Robert Zivitz appeals a garnishment judgment awarding proceeds from his condominium sale to his ex-wife and son. The trial court struck Robert's untimely homestead exemption claim because he failed to file it within 20 days of receiving garnishment notice as required by Florida s
• Yodelmis Vazquez v. Wendy's and Ace-Usa
  931 So. 2d 152· Fla. 1st DCA· 2006-05-11 ·cited 10×
• Jones v. Jones
  845 So. 2d 1012· Fla. 5th DCA· 2003-05-23 ·cited 10×
  The court held that an untimely motion for rehearing does not toll the time for filing a notice of appeal, and a trial court cannot extend jurisdictional time limits.
• T.A. Enters., Inc. v. Olarte, Inc.
  835 So. 2d 1235· Fla. 4th DCA· 2003-01-29 ·cited 10×
  In this Lemon Law case, the Fourth District Court of Appeal reversed the circuit court's dismissal of a manufacturer's petition for trial de novo review of an arbitration board's decision that a vehicle was defective. The court held that a party losing arbitration cannot be barre
• ALL Mobile Video, Inc. v. Whitener
  773 So. 2d 587· Fla. 1st DCA· 2000-11-28 ·cited 10×
  All Mobile Video, a non-resident corporation, appeals the trial court's denial of its motion to set aside a default judgment based on improper service of process. The appellate court reversed, finding that while the defendant failed to demonstrate excusable neglect, the plaintiff
• Apple Premium Fin. Serv. Co. v. Teachers Ins. & Annuity Ass'n OF Am. & Chase Bank of Tex. Nat'l Ass'n
  727 So. 2d 1089· Fla. 3d DCA· 1999-03-03 ·cited 10×
  Apple Premium Finance Service Company appealed an order denying its motion to set aside a default judgment. The Third District Court of Appeal reversed, holding that the trial court abused its discretion in denying the motion where defendant's failure to respond resulted from a m
• Magna M. Decubellis v. Ritchotte
  730 So. 2d 723· Fla. 5th DCA· 1999-02-05 ·cited 10×
  In a mortgage foreclosure dispute, the Fifth District Court of Appeal reversed a foreclosure judgment obtained by Orange County Raceway against property owners who were never served with process or given notice of the proceedings. The court held that the Raceway failed to properl