Excusable Neglect

1,860 Florida cases classified under this topic · sorted by citation count

• Barrero v. Ocean Bank
  729 So. 2d 412· Fla. 3d DCA· 1999-02-17 ·cited 10×
  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
• 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
• Galo Enrique Andrade v. Andrade
  720 So. 2d 551· Fla. 4th DCA· 1998-08-19 ·cited 10×
  The Fourth District Court of Appeal affirmed the trial court's order vacating a default dissolution of marriage judgment and abating proceedings pending a determination of the wife's mental competency. The court held that a mentally incapacitated spouse cannot be divorced without
• Patterson v. Loewenstein
  686 So. 2d 776· Fla. 4th DCA· 1997-01-22 ·cited 10×
  Patterson challenged the trial court's denial of his motion to dismiss for failure to serve the complaint within 120 days under Florida Rule of Civil Procedure 1.070(i). The court reversed, holding that an attorney's desire to investigate the case further before service does not
• Helene Alberts v. Fed. Home Loan Mortg. Corp.
  673 So. 2d 158· Fla. 4th DCA· 1996-05-15 ·cited 10×
  The court held that a trial court does not abuse its discretion in setting aside a foreclosure sale due to a unilateral mistake by the lender's agent, even if similar facts in another case led to a different outcome.
• Gilbert v. K-Mart Corp.
  664 So. 2d 335· Fla. 1st DCA· 1995-12-14 ·cited 10×
  Bessie Gilbert appeals the trial court's denial of her motion for attorney's fees under section 45.061(2), Florida Statutes, which was filed 36 days after entry of judgment rather than within the 30-day statutory period. The appellate court reverses, holding that while the motion
• Sanchez v. Horrell
  660 So. 2d 366· Fla. 4th DCA· 1995-09-13 ·cited 10×
  A former husband appealed an order denying his motion to set aside a default judgment in a domestication and modification of a Texas divorce decree. The Florida Fourth District Court of Appeal reversed, holding that the default should have been set aside because the husband satis
• Masot v. Hoteles Doral
  645 So. 2d 184· Fla. 3d DCA· 1994-11-23 ·cited 10×
  Oscar Vila Masot obtained summary judgment against Hoteles Doral after Hoteles failed to secure new counsel within a court-ordered deadline and did not appear at the summary judgment hearing. The trial court vacated the judgment based on excusable neglect, but the appellate court
• United States v. Ruth
  946 F.2d 110· 10th Cir.· 1991-09-24 ·cited 10×
  The court held that the district court did not err in calculating the defendant's base offense level by including prior drug transactions, refusing a reduction for acceptance of responsibility, or assessing a fine based on his financial profile and earning potential.
• COX v. Sandia Corp.
  941 F.2d 1124· 10th Cir.· 1991-08-22 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the claim for failure to timely serve process, as the plaintiff's counsel's reliance on a process server and the server's injury did not constitute good cause or excusable neglect.
• Urbanek v. R.D. Schmaltz, Inc.
  573 So. 2d 107· Fla. 4th DCA· 1991-01-04 ·cited 10×
  An order granting a default judgment as a discovery sanction must contain an express written finding of willful or deliberate violation of discovery orders.
• Fuller v. Quire
  916 F.2d 358· 6th Cir.· 1990-10-12 ·cited 10×
  The court held that an order reinstating a case under Fed.R.Civ.P. 60(b)(6) is not an appealable final decision when the district court acted within its discretion. The court found the district court did not err in granting relief.
• Hable v. Peter C. Pairolero, M.D.
  915 F.2d 394· 8th Cir.· 1990-10-03 ·cited 10×
  The court held that the notice of the entry of an ex parte order granting an extension of time to appeal does not constitute notice of the motion for extension, and the interests of justice do not justify bending the rules further to allow the appeal.
• Allstate Ins. Co. v. Montgomery Ward
  538 So. 2d 974· Fla. 5th DCA· 1989-02-23 ·cited 10×
  The court held that the trial court did not abuse its discretion in dismissing the plaintiffs' action for failure to file an amended complaint within the time limit set by the court.
• Roche v. Commercial Tech. Consultants Co.
  534 So. 2d 1243· Fla. 5th DCA· 1988-12-15 ·cited 10×
  The Fifth District Court of Appeal reversed a trial court's order denying a motion to set aside a default judgment, holding that a default should be vacated when a responsive pleading was properly served by mail before or on the date the default was entered, regardless of whether
• Toth v. Trans World Airlines, Inc.
  862 F.2d 1381· 9th Cir.· 1988-12-08 ·cited 10×
  The court held that dismissal and sanctions were appropriate due to repeated noncompliance with discovery orders, but remanded for recalculation of monetary sanctions to exclude fees not directly caused by disobedience.
• United States v. Mortensen
  860 F.2d 948· 9th Cir.· 1988-11-04 ·cited 10×
  A defendant is entitled to withdraw consent to magistrate trial in a timely manner, and prior trial testimony is admissible on retrial unless compelled by illegally obtained evidence.
• M.W. Braxton v. United States
  858 F.2d 650· 11th Cir.· 1988-10-24 ·cited 10×
  The court should not have allowed the government to file a counterclaim for past due rent against Braxton.
• Hancock v. City OF Okla. City
  857 F.2d 1394· 10th Cir.· 1988-09-23 ·cited 10×
  The court held that the district court abused its discretion by denying the motion for reconsideration, as the attorney's oversight did not constitute inexcusable neglect.
• Pratt v. D.J. McCARTHY
  850 F.2d 590· 9th Cir.· 1988-06-29 ·cited 10×
  The court held that a misunderstanding among counsel regarding who would file a notice of appeal does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a)(5).
• United States v. Anna
  843 F.2d 1146· 8th Cir.· 1988-04-07 ·cited 10×
  The court held that it lacked jurisdiction because the defendant did not timely file a notice of appeal and the district court did not make an explicit finding of excusable neglect. The case is remanded for the district court to consider the jurisdictional issue.
• Parrilla-Lopez v. United States
  841 F.2d 16· 1st Cir.· 1988-03-04 ·cited 10×
  The court affirmed the district court's award of additional damages for mental anguish and the denial of the motion for a new trial.
• State of Fla. Dep't of Env't Reg. v. Chemairspray, Inc.
  520 So. 2d 96· Fla. 4th DCA· 1988-02-17 ·cited 10×
  The trial court abused its discretion in denying the motion to vacate the dismissal because the findings of dilatory tactics were unsupported by the record and the submitted affidavits were unopposed.
• Kaercher v. The Trs. OF Health & Hosps. OF the City OF Boston, Inc.
  834 F.2d 31· 1st Cir.· 1987-12-03 ·cited 10×
  The court held that the appellant's notice of appeal was untimely, and the district court did not abuse its discretion in denying motions to vacate or reconsider the dismissal.
• Marine Bank v. The Meat Counter, Inc.
  826 F.2d 1577· 7th Cir.· 1987-08-26 ·cited 10×
  The court held that genuine issues of material fact remained regarding whether the defendant justifiably relied on a misrepresentation, thus precluding summary judgment.
• Kotlicky v. United States Fid. & Guar. Co.
  817 F.2d 6· 2d Cir.· 1987-04-20 ·cited 10×
  The court held that the district court abused its discretion in denying the motion to vacate the judgment because the appellant presented convincing evidence of excusable neglect for failing to appear at the deposition.
• In re Hill v. Hill
  811 F.2d 484· 9th Cir.· 1987-02-24 ·cited 10×
  The bankruptcy rules setting deadlines for filing nondischargeability complaints are valid procedural rules and do not contravene the statute granting the right to challenge dischargeability, even if they result in hardship.
• Allen v. Lanson Newsome
  795 F.2d 934· 11th Cir.· 1986-08-04 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition as successive and an abuse of the writ without an evidentiary hearing.
• Ins. Co. of N. Am. v. Miles E. BAY
  784 F.2d 869· 8th Cir.· 1986-02-26 ·cited 10×
  The court held that Anding's appeal was untimely filed as it was filed more than 30 days after the final judgment, and Bay's appeal was without merit as the state court judgment was valid and subject to res judicata.
• In re Ozark Rest. Equip. Co., Inc. v. Anderson
  761 F.2d 481· 8th Cir.· 1985-05-08 ·cited 10×
  The court held that the failure to enter the bankruptcy court's order on a separate document means the time for filing an appeal had not yet begun to run, thus the appeal was not untimely.
• Crutcher v. The AETNA Life Ins. Co.
  746 F.2d 1076· 5th Cir.· 1984-11-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying Crutcher's Rule 60(b) motion to set aside the judgment and in dismissing his counterclaims, as he failed to demonstrate a meritorious defense or lack of opportunity to present his case.
• Townsend v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  743 F.2d 880· 11th Cir.· 1984-10-09 ·cited 10×
  The court held that the claimant's failure to file a timely appeal was not justified by excusable neglect, even if equitable tolling were available, because the regulations do not require notice of appeal rights and the claimant was represented by counsel.
• United States v. Awalt
  728 F.2d 704· 5th Cir.· 1984-03-26 ·cited 10×
  The court held that a late notice of appeal filed after the forty-day period prescribed by Rule 4(b) cannot be considered for excusable neglect, and thus the appeal must be dismissed.
• H.T. Truett, Sr. v. Johns-Manville Sales Corp.
  725 F.2d 1301· 11th Cir.· 1984-02-10 ·cited 10×
  The court held that the district court lacked jurisdiction to grant an extension of time for filing a notice of appeal ex parte when the motion was filed after the original deadline, rendering the appeal untimely.
• Holiday Gulf Builders, Inc. v. Tahitian Gardens Condo., Inc.
  443 So. 2d 143· Fla. 2d DCA· 1983-12-07 ·cited 10×
  Holiday Gulf Builders appeals a default judgment entered against it in a condominium assessment dispute. The court affirmed the denial of Holiday's motion to set aside the default but reversed and remanded the final judgment, holding that Holiday was entitled to a jury trial on d
• Hobert Jones v. W.J. Estelle, Jr.
  693 F.2d 547· 5th Cir.· 1982-12-14 ·cited 10×
  The court held that the appeal must be dismissed for lack of jurisdiction because the notice of appeal was filed significantly outside the prescribed 30-day period.
• Glasfory Willoughby v. Seese Realty Inc.
  421 So. 2d 691· Fla. 4th DCA· 1982-11-03 ·cited 10×
  Willoughby sought certiorari to quash a circuit court order affirming a default judgment in a breach of contract suit. The court granted certiorari, finding that service of process was improper under Florida law, making the judgment void and requiring vacation of the default.
• Combs v. State
  420 So. 2d 316· Fla. 5th DCA· 1982-09-01 ·cited 10×
  Petitioner seeks a writ of certiorari to review a circuit court's affirmance of a county court DWI conviction on grounds that statements made to a police officer investigating an accident were improperly admitted. The appellate court holds that certiorari is not the proper vehicl
• United States v. Schuchardt
  685 F.2d 901· 4th Cir.· 1982-08-11 ·cited 10×
  The court held that the appeal must be dismissed for lack of jurisdiction because the notice of appeal was not timely filed.
• Ruiz v. Cady
  660 F.2d 337· 7th Cir.· 1981-09-30 ·cited 10×
  The court held that the district court abused its discretion by granting a writ of habeas corpus as a default judgment solely due to the state's short delay in filing transcripts.
• In re Int'l Coating Applicators, Inc. v. Int'l Coating Applicators, Inc.
  647 F.2d 121· 10th Cir.· 1981-04-16 ·cited 10×
  The court held that the Bankruptcy Judge correctly denied post-judgment motions and that the District Court did not err in affirming those denials, as the initial appeal was untimely.
• Syed J. Iqbal Jafree v. Scott
  590 F.2d 209· 7th Cir.· 1978-11-07 ·cited 10×
  The court affirmed the district court's denial of the Rule 60(b) motions, finding no abuse of discretion, and affirmed the underlying judgment of dismissal.
• Burbank v. The Southland Corp.
  345 So. 2d 1108· Fla. 1st DCA· 1977-05-20 ·cited 10×
  Michael Burbank sued The Southland Corporation for malicious prosecution. After a default was entered against the defendant for failing to timely respond, the trial court granted defendant's motion to vacate the default. The appellate court affirmed, holding that where a defendan
• Overseas Dev., Inc. v. Dominion Mortg. Corp.
  330 So. 2d 845· Fla. 3d DCA· 1976-04-13 ·cited 10×
  Overseas Development appeals the trial court's denial of its motion to set aside a default judgment for an unpaid mortgage broker's commission. The court affirmed the denial, holding that the inadvertent loss of the complaint by the defendant's vice president does not constitute
• Remo Joseph Angelini v. Mobile Home Vill., Inc.
  310 So. 2d 776· Fla. 1st DCA· 1975-04-15 ·cited 10×
  Defendant mobile home seller failed to appear at trial after receiving proper notice of the hearing date, and the trial court set aside the judgment based on excusable neglect. The appellate court reversed, holding that the defendant's failure to appear constituted gross negligen
• Greater Baton Rouge Golf Ass'n v. Rec. & Park Comm'n FOR the Parish OF E. Baton Rouge
  507 F.2d 227· 5th Cir.· 1975-01-23 ·cited 10×
  The court held that dismissal with prejudice was too harsh a remedy for counsel's unintentional tardiness, and the denial of the Rule 60(b) motion should be reversed.
• Tuley v. Heyd
  492 F.2d 788· 5th Cir.· 1974-04-01 ·cited 10×
  The court held that the appeal should be remanded to allow the appellant to seek an extension of time to file the notice of appeal due to excusable neglect.
• In re Four Seasons Sec. Laws Litig. Arthur Andersen & Co. v. Bank OF Am.
  493 F.2d 1288· 10th Cir.· 1974-02-20 ·cited 10×
  The court held that the Bank of America's actions constituted a timely election to opt out of the class action, and the trial court did not err in allowing enlargement of time under Rule 6(b)(2) due to excusable neglect.
• Ingridhutte Kurt Wokan v. Alladin Int'l, Inc.
  485 F.2d 1232· 3d Cir.· 1973-09-13 ·cited 10×
  The court held that the district court abused its discretion by imposing an unjustified condition of posting a bond for the full unsatisfied judgment amount to set aside a default judgment.
• Cole Madsen v. Bumb
  419 F.2d 4· 9th Cir.· 1969-11-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the default judgment, as the defendant failed to show good cause, excusable neglect, or a meritorious defense.