Excusable Neglect

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

• Levisa Stone Corp. & Johnson Bros. Limestone Co. v. Elkhorn Stone Co., Inc.
  411 F.2d 1208· 6th Cir.· 1969-06-19 ·cited 10×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was not timely filed and the district court's extension of time was invalid.
• Welden v. Grace Line, Inc.
  404 F.2d 76· 2d Cir.· 1968-11-07 ·cited 10×
  The court held that the district court erred in refusing to consider affidavits from an attorney not admitted to practice in the district, as the affidavits contained factual information within his personal knowledge. This error warranted vacating the dismissal and remanding for
• United States v. Stigall
  374 F.2d 854· 6th Cir.· 1967-03-28 ·cited 10×
  The court held that a late-filed notice of appeal, even with excusable neglect, does not confer jurisdiction.
• Serafino Guido v. Ball
  367 F.2d 882· 2d Cir.· 1966-10-25 ·cited 10×
  The court held that the appeal was untimely filed and therefore dismissed for lack of jurisdiction.
• Hilliard v. United States
  345 F.2d 252· 10th Cir.· 1965-05-06 ·cited 10×
  A petition for relief under 28 U.S.C. § 2255 is insufficient to require a hearing if it merely alleges a lack of awareness of appeal deadlines without claiming deceit, fraud, or neglect by counsel.
• Sugar v. Blek
  172 So. 2d 272· Fla. 3d DCA· 1965-02-23 ·cited 10×
  A Florida appellate court quashed an order vacating a default judgment against an estate administrator where the predecessor administrator's gross neglect caused the default and was allowed to persist for over ten months before being remedied by a successor administrator.
• In re Florida Rules of Civil Procedure
  139 So. 2d 129· Fla.· 1962-03-21 ·cited 10×
  The court adopted and approved amendments to the Florida Rules of Civil Procedure, effective July 1, 1962, repealing inconsistent rules and statutes.
• Lewis v. United States
  294 F.2d 209· D.C. Cir.· 1961-02-23 ·cited 10×
  The right to counsel is not denied when trial counsel, in their professional judgment, believe no grounds for appeal exist and therefore do not file an appeal.
• Conway v. Pa. Greyhound Lines, Inc.
  243 F.2d 39· D.C. Cir.· 1957-03-28 ·cited 10×
  The court held that the district court's extension of time to file a notice of appeal was valid, and that the denial of the motion for additur or new trial was not an abuse of discretion.
• Sommers v. Timely Toys, Inc.
  209 F.2d 342· 2d Cir.· 1954-01-04 ·cited 10×
  The court held that the lessor's commingling of the security deposit constituted a conversion, forfeiting its right to the deposit, and that the Bankruptcy Act's setoff provisions did not apply to a statutory trustee.
• Citizens' Protective League, Inc. v. Clark
  178 F.2d 703· D.C. Cir.· 1949-09-06 ·cited 10×
  A motion to extend the time for filing a record on appeal, filed after the original or extended time has expired, may be granted only upon a showing of excusable neglect.
• United States v. Backofen and four other cases
  176 F.2d 263· 3d Cir.· 1949-06-30 ·cited 10×
  The court held that the amended Rule 60(b) of the Federal Rules of Civil Procedure, particularly the 'any other reason justifying relief' clause, should be applied retroactively to these denaturalization cases, allowing for a reasonable time to present evidence on the merits.
• De Santa v. Nehi Corp.
  171 F.2d 696· 2d Cir.· 1948-12-03 ·cited 10×
  The court held that the service of process was void because the defendant foreign corporation was not doing business in New York and the person served was not its managing agent.
• Fleming v. Huebsch Laundry Corp.
  159 F.2d 581· 7th Cir.· 1947-02-03 ·cited 10×
  A consent judgment may be vacated under Federal Rule of Civil Procedure 60(b) for excusable neglect, even if the party had access to all facts, especially when the party was misled by government officials regarding complex regulations.
• Westmoreland Asbestos Co., Inc. v. Johns-Manville Corp.
  136 F.2d 844· 2d Cir.· 1943-06-11 ·cited 10×
  The court held that the plaintiffs waived their right to appeal the jury charge by initially consenting to it and later failing to properly object.
• United States ex rel. Rempas v. Schlotfeldt
  123 F.2d 109· 7th Cir.· 1941-10-11 ·cited 10×
  The court held that an appeal may be dismissed for inexcusable neglect in failing to docket the appeal within the prescribed time, despite the initial filing of a notice of appeal.
• J.C. Penney Corp., Inc. v. Oxford Mall, LLC
  100 F.4th 1340· 11th Cir.· 2024-05-01 ·cited 9×
  The Eleventh Circuit affirmed the district court's sanctions award and decision to strike Oxford Mall's affidavit, finding no abuse of discretion.
• Eneida Reyes v. BAG Home Loans Servicing L.P.
  226 So. 3d 354· Fla. 2d DCA· 2017-09-06 ·cited 9×
  Eneida Reyes appealed a summary judgment foreclosure in favor of BAC Home Loans Servicing, L.P., challenging the trial court's denial of her motion to amend her answer and affirmative defenses. The Florida Second District Court of Appeal reversed, holding that the trial court abu
• Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co.
  140 So. 3d 529· Fla.· 2014-05-29 ·cited 9×
  The Florida Supreme Court held that Rule 9.400(b) of the Florida Rules of Appellate Procedure does not apply to motions for attorney's fees filed in Rule 9.100 original proceedings (such as petitions for certiorari), and that Advanced Chiropractic properly filed its fee motion wi
• Peterson v. Lake Surprise II Condo. Assoc.
  118 So. 3d 313· Fla. 3d DCA· 2013-07-31 ·cited 9×
  Peterson purchased property at a judicial foreclosure sale after the trial court granted the mortgagee's motion to vacate a default judgment and set aside the sale. The appellate court reversed, holding that the mortgagee's conscious decision not to file an answer—despite advice
• Fla. Eurocars, Inc. v. T.J. Pecorak
  110 So. 3d 513· Fla. 4th DCA· 2013-04-03 ·cited 9×
  Florida Eurocars and its principal appealed a trial court's denial of their motion to vacate a default judgment entered against them. The Fourth District Court of Appeal reversed, holding that the defendants demonstrated sufficient due diligence in seeking relief from the default
• 205 Jacksonville, LLC v. A-Affordable AIR, LLC
  16 So. 3d 974· Fla. 3d DCA· 2009-08-26 ·cited 9×
  The court held that the trial court erred in refusing to set aside the final default judgment because the defaulting party demonstrated excusable neglect, a meritorious defense, and due diligence.
• Martin v. Hacsi
  909 So. 2d 935· Fla. 5th DCA· 2005-08-05 ·cited 9×
  Cynthia Martin appealed the dismissal of her personal injury action against Henry Hacsi after his death, arguing the suggestion of death was invalid and she deserved additional time to substitute a party defendant. The court affirmed the dismissal, holding that Florida Rule of Ci
• Amabile A. Causin v. Leal
  881 So. 2d 20· Fla. 4th DCA· 2004-07-14 ·cited 9×
  The appellate court affirmed the trial court's exercise of subject matter jurisdiction in a child custody dispute but reversed the custody award based on a default judgment.
• Grip Dev., Inc. v. Coldwell Banker Residential Real Est., Inc.
  788 So. 2d 262· Fla. 4th DCA· 2000-09-20 ·cited 9×
  Grip Development appeals the denial of its motion for new trial on quantum meruit damages awarded to its broker Coldwell Banker, and challenges attorney's fees awarded based on an offer of judgment. The court affirms the damages award but reverses the attorney's fees because Cold
• Renia T. Maranto v. Dearborn
  687 So. 2d 940· Fla. 3d DCA· 1997-02-12 ·cited 9×
  Renia Maranto appeals a final default judgment entered against her for failure to appear at calendar call and trial. The Third District Court of Appeal reverses and remands, finding the entry of default judgment and denial of her motion to set it aside constituted gross abuse of
• Polk Cnty. Rand Invs., Inc. v. State
  666 So. 2d 279· Fla. 2d DCA· 1996-01-19 ·cited 9×
  The court held that a judgment entered against a dissolved corporation based on service of process on its former registered agent, rather than on a director as required by statute, is void. The trial court erred in denying the corporation's motion for relief from judgment.
• Roberts v. Safeway Ins. Co.
  610 So. 2d 700· Fla. 3d DCA· 1992-12-22 ·cited 9×
  Emmanuel Roberts appealed the denial of his motion to set aside a default judgment in a subrogation action. The Florida District Court of Appeal reversed, finding that Roberts' explanation for not receiving notice of the lawsuit constituted excusable neglect, he exercised due dil
• Austin S. I, Ltd. v. Barton-Malow Co.
  799 F. Supp. 1135· M.D. Fla.· 1992-06-10 ·cited 9×
  The court adopted the Magistrate Judge's report and recommendation, denying Austin's motions to vacate the arbitration award and granting Barton's motion to confirm the award, finding no evident partiality by the arbitrator.
• Tufaro v. Willie
  756 F. Supp. 556· S.D. Fla.· 1991-01-31 ·cited 9×
  The court granted the defendants' motion for attorney's fees and costs, awarding $82,500 in fees and $35,875.85 in costs, totaling $118,375.88.
• John v. State OF La.
  899 F.2d 1441· 5th Cir.· 1990-05-04 ·cited 9×
  The court held that a magistrate had jurisdiction to recommend sanctions, the attorney had sufficient notice, the findings of noncompliance were not clearly erroneous, and the imposition of sanctions was not an abuse of discretion.
• Straw v. Otis R. Bowen, M.D.
  866 F.2d 1167· 9th Cir.· 1989-02-01 ·cited 9×
  The court held that district courts must calculate attorney fees based on a lodestar method considering reasonable hours and prevailing market rates, rather than simply approving contingency percentages or fixed hourly rates without justification. Awards in Straw and Garcia were
• A.H. Arnold v. Massebeau
  493 So. 2d 91· Fla. 5th DCA· 1986-09-04 ·cited 9×
  Arnold and Resort Markets Limited appealed the trial court's denial of their motion to set aside a default judgment. The appellate court reversed, holding that the trial court has inherent discretionary power to reconsider orders denying motions to set aside defaults prior to fin
• USM Corp. v. GKN Fasteners Ltd.
  578 F.2d 21· 1st Cir.· 1978-07-12 ·cited 9×
  Amended pleadings that attempt to retroactively establish appellate jurisdiction do not relate back to validate an untimely appeal.
• Stumpf v. Matthews
  195 F.2d 25· D.C. Cir.· 1951-07-02 ·cited 9×
  The court held that despite counsel's failure to meet filing deadlines due to inexcusable neglect, the appeal would be heard due to a substantial question involving the appellant's liberty, exercising discretion under Rule 73(a).
• S. Coast K9 v. Heiser
  2024 WL 4275221· M.D. Fla.· 2025-12-15 ·cited 8×
  The court denied the plaintiffs' motion for reconsideration because the failure to meet deadlines was not due to excusable neglect, especially given multiple attorneys were involved.
• Hovercraft OF S. Fla., LLC v. Reynolds
  211 So. 3d 1073· Fla. 5th DCA· 2017-02-10 ·cited 8×
  Hovercraft of South Florida appeals a trial court's award of attorney's fees to prevailing parties who filed their fee motions outside the 30-day deadline required by Florida Rule of Civil Procedure 1.525. The appellate court reversed, holding that a judgment merely reserving jur
• Richards v. Crowder
  191 So. 3d 524· Fla. 4th DCA· 2016-05-10 ·cited 8×
  John Richards appealed a trial court's summary denial of his motion for relief from judgment in a stalking injunction case. The Fourth District Court of Appeal reversed, holding that Richards's motion and supporting affidavits stated a colorable entitlement to relief requiring an
• Portofino Prof'l Ctr. v. Prime Homes AT Portofino
  133 So. 3d 1112· Fla. 3d DCA· 2014-02-05 ·cited 8×
  The court held that the trial court erred by dismissing the Association's amended complaint without considering the Kozel factors for attorney noncompliance.
• Emmett B. Hagood, III v. Wells Fargo N.A.
  112 So. 3d 770· Fla. 5th DCA· 2013-05-17 ·cited 8×
  In this mortgage foreclosure case, the trial court entered summary judgment against Hagood after his counsel failed to appear at the hearing due to a calendaring error. Hagood's appeal was dismissed based on procedural defects in his briefs, particularly his assertion of a lack-o
• Gascue v. HSBC Bank
  97 So. 3d 263· Fla. 4th DCA· 2012-08-29 ·cited 8×
  A borrower challenged a foreclosure judgment entered by summary judgment when her attorney failed to appear at the hearing. The court reversed, finding excusable neglect and a meritorious defense based on the lender's lack of standing, and remanded for an evidentiary hearing on t
• Knowlan Dawson v. Wachovia Bank, N.A.
  61 So. 3d 1218· Fla. 3d DCA· 2011-05-18 ·cited 8×
  Knowlan Dawson appealed the trial court's denial of his motions to vacate a foreclosure sale and strike the final judgment of foreclosure on commercial property. Dawson defaulted on a mortgage with Wachovia Bank, entered into a forbearance agreement which he later breached, and r
• Auto-Owners Ins. v. Ace Elec. Serv., Inc.
  648 F. Supp. 2d 1371· M.D. Fla.· 2009-08-25 ·cited 8×
  The court held that the City's third-party complaints against Dickens and Byrne were procedurally proper, and that the City stated claims for common law indemnity, contractual indemnity, and malpractice against Dickens.
• The Church OF Christ Written IN Heaven, Inc. v. The Church OF Christ Written IN Heaven OF Miami, Inc.
  947 So. 2d 557· Fla. 3d DCA· 2006-12-27 ·cited 8×
  The Georgia Church of Christ Written in Heaven appealed the trial court's decision to vacate a default judgment against the Miami Church of Christ Written in Heaven. The appellate court reversed, holding that the Miami church failed to meet the legal requirements for vacating a d
• Clampitt v. Jarrell Britts
  897 So. 2d 557· Fla. 2d DCA· 2005-04-08 ·cited 8×
  The court affirmed the trial court's order striking Ronald Clampitt's motion for attorney's fees and costs because it was served more than thirty days after judgment was filed, violating Florida Rule of Civil Procedure 1.525. The court rejected arguments that the time period was
• KFC USA, Inc. v. Depew
  879 So. 2d 55· Fla. 5th DCA· 2004-07-09 ·cited 8×
  KFC USA appeals a trial court's denial of its motion to set aside a default judgment entered in a personal injury case. The appellate court reversed, holding that KFC demonstrated both excusable neglect and a meritorious defense, warranting vacation of the default under Florida's
• Am. Network Transp. Mgmt., Inc. v. A Super-Limo Co., Inc.
  857 So. 2d 313· Fla. 2d DCA· 2003-10-10 ·cited 8×
  ANTM failed to timely file an answer to a complaint, resulting in a default judgment against it. The court reversed the trial court's denial of ANTM's motion to vacate the judgment under Florida Rule of Civil Procedure 1.540(b), finding that ANTM established excusable neglect due
• Eden Park Mgmt., Inc. v. Catherine Zagorski as the Personal Representative of the Estate of Catherine M. Dorman
  821 So. 2d 1263· Fla. 4th DCA· 2002-07-31 ·cited 8×
  The trial court erred in vacating the dismissal of the nursing home action because the plaintiff failed to establish a factual basis for excusable neglect.
• Shaker Lakes Apts. Co. v. Dolinger
  714 So. 2d 1040· Fla. 1st DCA· 1998-06-03 ·cited 8×
  Shaker Lakes Apartments appeals a Florida Commission on Human Rights final order finding it guilty of marital status discrimination. The court reversed and remanded because the Commission abused its discretion by refusing to consider Shaker's motion to remand based on excusable n
• Burke v. Reyes
  687 So. 2d 929· Fla. 3d DCA· 1997-02-05 ·cited 8×