Excusable Neglect

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

• ST. Surin v. ST. Surin
  684 So. 2d 243· Fla. 2d DCA· 1996-12-04 ·cited 8×
  A husband appeals the trial court's denial of his motion for relief from a default final judgment in a dissolution of marriage action, where the wife obtained a judgment for alimony, child support, and equitable distribution. The court reversed and remanded, holding that the husb
• Santucci Armando v. Plazza
  658 So. 2d 1169· Fla. 2d DCA· 1995-08-04 ·cited 8×
  Santucci Armando appeals a trial court order vacating a default final judgment against Tile World of Italy for unpaid invoices and a worthless check. The appellate court reverses, holding that the appellee failed to establish excusable neglect as required by law to set aside a de
• Inter-Atlantic Ins. Servs., Inc. v. Hernandez
  632 So. 2d 1069· Fla. 3d DCA· 1994-02-15 ·cited 8×
  Inter-Atlantic Insurance Services appeals a trial court's denial of its motion to vacate a default judgment entered against it in an insurance coverage dispute. The court affirmed, holding that Inter-Atlantic failed to demonstrate excusable neglect required to set aside the defau
• RAM Coating Tech. Corp. v. Courtaulds Coatings, Inc.
  625 So. 2d 97· Fla. 1st DCA· 1993-10-07 ·cited 8×
  Ram Coating Technology Corp. and Charles Roth appealed a default judgment entered by the trial court in a debt collection action brought by Courtaulds Coatings, Inc. The appellate court affirmed the judgment against Roth but reversed the judgment against the corporation, finding
• Khubani v. Mikulic
  620 So. 2d 800· Fla. 2d DCA· 1993-06-23 ·cited 8×
  Victor Khubani appeals a trial court's denial of his motion to set aside a default judgment in a negligence action. The appellate court reverses, holding that Khubani demonstrated excusable neglect, a meritorious defense, and due diligence, and that the trial court abused its dis
• Reed v. Trooper Gardner
  986 F.2d 1122· 7th Cir.· 1993-02-23 ·cited 8×
  Police officers may be liable under section 1983 if their affirmative actions create a dangerous situation or render citizens more vulnerable to danger than they otherwise would have been. However, a fetus cannot bring a claim under section 1983, and an appeal filed with "et al."
• Elec. Eng'g Co., Inc. v. Gen. Elec. Canada, Inc.
  610 So. 2d 51· Fla. 3d DCA· 1992-12-08 ·cited 8×
  Electric Engineering Company appeals the trial court's denial of its motion to vacate a clerk's default. The court reverses, finding excusable neglect where the defendant's registered agent misdirected the complaint to an office the defendant had moved from, combined with the def
• Zuelzke Tool & Eng'g Co., Inc. v. Anderson DIE Castings, Inc.
  925 F.2d 226· 7th Cir.· 1991-02-22 ·cited 8×
  The court held that a party's reliance on another entity to handle litigation, without making a formal appearance in court, does not constitute excusable neglect or an appearance requiring notice under the Federal Rules of Civil Procedure.
• United States v. Clay
  925 F.2d 299· 9th Cir.· 1991-01-30 ·cited 8×
  The court held that the facsimile transmission of a notice of appeal constitutes the functional equivalent of filing, and that the district court erred in failing to resolve controverted facts in the presentence report.
• United States v. Davis
  924 F.2d 501· 3d Cir.· 1991-01-24 ·cited 8×
  The court held that it lacked jurisdiction to hear the appeals because post-trial motions remained pending in the district court, making the appeals premature.
• People WHO Care v. Rockford Bd. OF Educ. Dist. NO. 205
  921 F.2d 132· 7th Cir.· 1991-01-02 ·cited 8×
  The court held that neither an interlocutory appeal under 28 U.S.C. § 1292(b) nor an appeal under 28 U.S.C. § 1291 was timely or proper for the interim attorney fee award.
• Mel Cyrak for Steve King v. Stan Lemon
  919 F.2d 320· 5th Cir.· 1990-12-17 ·cited 8×
  The court held that Kramer and Lemon's appeals were untimely filed, and affirmed Weber's liability but reversed the damages award, finding that the district court erred in awarding both actual damages for the Rule 10b-5 violation and punitive damages.
• United States v. Ibarra
  920 F.2d 702· 10th Cir.· 1990-12-03 ·cited 8×
  A timely filed motion for reconsideration tolls the statutory period for filing an appeal, even if the motion addresses a previously conceded issue.
• In re Coastal Alaska Lines, Inc. v. Forsch
  920 F.2d 1428· 9th Cir.· 1990-11-27 ·cited 8×
  The court held that Zidell's due process rights were not violated, the bankruptcy court lacked equitable discretion to extend the claims bar date beyond the exceptions in Rule 3002(c), and Zidell was not entitled to participate in distribution under § 726(a)(2)(C) because it had
• Horizon Leasing v. Leefmans
  568 So. 2d 73· Fla. 4th DCA· 1990-09-12 ·cited 8×
  In consolidated appeals from a motor vehicle lease dispute, the Fourth District affirmed judgments finding Horizon Leasing and International Leasing Services vicariously liable for fraud, conversion, and civil theft committed by dealer Carway, and awarded compensatory damages, pu
• Ward v. Commissioner OF Internal Revenue
  907 F.2d 517· 5th Cir.· 1990-08-01 ·cited 8×
  The court held that the IRS failed to exercise reasonable diligence in ascertaining the taxpayer's last known address when mailing a notice of deficiency, and therefore the Tax Court lacked jurisdiction.
• Taumby v. United States
  902 F.2d 1362· 8th Cir.· 1990-05-14 ·cited 8×
  The dissenting judge would reverse and remand, finding the appellant's claim not time-barred under the Federal Tort Claims Act.
• McDONALD v. United States
  898 F.2d 466· 5th Cir.· 1990-04-18 ·cited 8×
  The dissenting judge holds that the district court abused its discretion by dismissing the case for insufficient service of process, as good cause existed for the delay.
• Pertz v. Zohar
  556 So. 2d 459· Fla. 2d DCA· 1990-01-31 ·cited 8×
  The court held that an unsworn motion, unsupported by evidence or a transcript of the hearing, is insufficient to demonstrate error and justify setting aside a default judgment.
• Sottile v. Sottile
  551 So. 2d 608· Fla. 5th DCA· 1989-11-09 ·cited 8×
  Jennifer Sottile appeals the denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540, seeking to restore the trial court's jurisdiction to award attorney's fees in a child custody modification case. The Fifth District Court of Appeal reverses, ho
• The Lomas & Nettleton Co. v. Wiseley
  884 F.2d 965· 7th Cir.· 1989-09-01 ·cited 8×
  The court held that the evidence presented by Lomas & Nettleton was competent to establish a price disparity sufficient to shock the conscience and justify setting aside the sheriff's sale.
• Gibbons v. L.W. Blake Mem'l Hosp.
  538 So. 2d 1386· Fla. 2d DCA· 1989-03-03 ·cited 8×
  Sophia Gibbons appealed the trial court's denial of her motion for relief from judgment after her complaint was dismissed for failure to timely amend. The court affirmed, holding that the appellant failed to present competent evidence of excusable neglect and thus did not demonst
• United States v. The Proceeds OF Sale OF 3
  857 F.2d 46· 1st Cir.· 1988-09-21 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to set aside the default judgment, as the appellant's reliance on local counsel's erroneous advice did not constitute excusable neglect.
• Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corp.
  843 F.2d 808· 4th Cir.· 1988-04-07 ·cited 8×
  The court held that the district court abused its discretion by failing to apply the correct legal standard when denying a motion to vacate a default judgment, specifically by not distinguishing between the attorney's neglect and the party's own actions.
• Janet M. Wesolek as Administratrix of the Estate of Chester S. Wesolek and Janet M. Wesolek v. Canadair Ltd. & Canadair Challenger Mktg.
  838 F.2d 55· 2d Cir.· 1988-01-27 ·cited 8×
  The court held that the plaintiff waived her right to appeal the district court's adoption of the magistrate's recommendations by failing to file timely objections.
• Greenwood Explorations, Ltd. v. Merit GAS & OIL Corp., Inc.
  837 F.2d 423· 10th Cir.· 1988-01-14 ·cited 8×
  The appellate court affirmed the trial court's denial of motions to vacate judgment or for a new trial, finding no abuse of discretion due to the defendants' gross carelessness and lack of excusable neglect.
• BEE GEE Shrimp, Inc. v. Petra Carreras
  516 So. 2d 1121· Fla. 1st DCA· 1987-12-21 ·cited 8×
  Bee Gee Shrimp, Inc. and its carrier appealed a deputy commissioner's order striking their defenses and awarding the claimant medical benefits and wage determination as sanctions for failure to appear at a pretrial conference. The court reversed, finding the sanctions unduly hars
• Credit Gen. Ins. Co. v. Thomas
  515 So. 2d 336· Fla. 3d DCA· 1987-11-10 ·cited 8×
• Mims v. Miller
  513 So. 2d 1120· Fla. 2d DCA· 1987-10-16 ·cited 8×
  The court held that the trial court erred in denying the motion to vacate the default against Mims, as she demonstrated excusable neglect, a meritorious defense, and diligence in seeking to vacate.
• Tidler v. ELI Lilly & Co.
  824 F.2d 84· D.C. Cir.· 1987-07-24 ·cited 8×
  A district court's Rule 54(b) certification, even if obtained after a premature notice of appeal is filed, can validate that appeal if no prejudice results to the opposing party.
• JAX Sani Serva Sys., Inc. v. Burkett
  509 So. 2d 1251· Fla. 1st DCA· 1987-07-09 ·cited 8×
  Jax Sani Serva System appeals a circuit court order setting aside a default judgment against Ronald Burkett for nonpayment. The appellate court affirmed, holding that excusable neglect can be grounded in the psychological condition of the party seeking relief, particularly where
• Swimmer v. Internal Revenue Serv.
  811 F.2d 1343· 9th Cir.· 1987-03-06 ·cited 8×
  The court held that the appeal of the original summary judgment was untimely, but the denials of the post-judgment motions were properly before the court and affirmed. Sanctions were imposed for a frivolous appeal.
• In re MDL 262. Equal Emp. Opportunity Comm'n v. S. Pac. Transp. Co.
  799 F.2d 1076· 5th Cir.· 1986-09-17 ·cited 8×
  The court held that the district court lacked the authority to grant an extension for filing a notice of appeal without a pending motion and a showing of excusable neglect, thus divesting the appellate court of jurisdiction.
• C.E. Peters Landclearing, Inc. v. Gossington
  487 So. 2d 319· Fla. 4th DCA· 1986-03-05 ·cited 8×
  C.E. Peters Landclearing appealed a trial court order denying its motion to vacate a default judgment. The Fourth District Court of Appeal affirmed, holding that the insurance claims examiner's affidavit failed to adequately establish excusable neglect because it contained only l
• Carter v. United States
  780 F.2d 925· 11th Cir.· 1986-01-21 ·cited 8×
  The court held that the district court abused its discretion by denying the plaintiffs' motion to vacate the dismissal order, as dismissal was a sanction of last resort not justified by the circumstances.
• Paedae v. Voltaggio
  472 So. 2d 768· Fla. 1st DCA· 1985-06-13 ·cited 8×
  The trial court erred in setting aside its order of dismissal for failure to prosecute because the reasons provided by the plaintiffs did not constitute good cause.
• Zelig Herman v. The Guardian Life Ins. Co. OF Am. Appeal of Zelig Herman
  762 F.2d 288· 3d Cir.· 1985-05-21 ·cited 8×
  The court held that a motion for an extension of time to file a notice of appeal must be filed within 30 days after the expiration of the original appeal time, and a late motion cannot be validated.
• Fratus v. Fratus
  467 So. 2d 484· Fla. 5th DCA· 1985-04-18 ·cited 8×
  Frank Fratus appeals the trial court's denial of his motion to set aside a default judgment entered against him in a real property dispute with his uncle Jesse. The appellate court reversed, finding that Frank established both excusable neglect and a meritorious defense, and that
• Commodity Futures Trading Comm'n v. Am. Commodity Grp. Corp.
  753 F.2d 862· 11th Cir.· 1984-11-28 ·cited 8×
  The court held that it would not review the merits of a default judgment when the defaulting party failed to raise issues or seek relief in the district court.
• Leinberger v. Leinberger
  455 So. 2d 1140· Fla. 2d DCA· 1984-09-19 ·cited 8×
  The court held that while a default judgment may stand for dissolution of marriage, a party's mental health issues, delay, and lack of notice may warrant vacating issues of child custody, support, alimony, and property rights.
• Islamic Republic OF Iran v. The Boeing Co. & Logistics Support Corp.
  739 F.2d 464· 9th Cir.· 1984-08-02 ·cited 8×
  The court held that the illness of sole counsel, which physically and mentally incapacitated him from filing a timely appeal, constituted an "excusable neglect" under Rule 4(a)(5) justifying an extension of time to appeal.
• Savage v. Cache Valley Dairy Ass'n
  737 F.2d 887· 10th Cir.· 1984-06-29 ·cited 8×
  The court held that a timely cross-appeal is mandatory and jurisdictional, and the court cannot extend the time for filing a notice of appeal.
• Alamo Chem. Transp. Co. v. M/V Overseas Valdes
  726 F.2d 1073· 5th Cir.· 1984-03-16 ·cited 8×
  The court held that reliance on the clerk of court to provide notice of judgment entry does not constitute excusable neglect or a basis for relief from the time limitations for filing an appeal.
• Pearl v. Kelly
  442 So. 2d 1012· Fla. 3d DCA· 1983-11-29 ·cited 8×
  Pearl appeals the dismissal of his action against Kelly's estate for failure to substitute parties within 90 days of Kelly's death. The court reverses, holding that excusable neglect exists where the defendant's own conduct led the plaintiff to believe compliance with the 90-day
• In re Busick
  719 F.2d 922· 7th Cir.· 1983-10-24 ·cited 8×
  The court held that the district court had jurisdiction to hear the appeal from the denial of the motion to alter or amend the judgment, and that the bankruptcy court abused its discretion in refusing to set aside the default judgment.
• Sutherland v. ITT Cont'l Baking Co., Inc.
  710 F.2d 473· 8th Cir.· 1983-06-29 ·cited 8×
  The court held that the denial of the motion to reinstate the complaint was not an abuse of discretion, as the attorney's failure to appear was due to carelessness, not excusable neglect.
• Merrill Lynch Pierce Fenner & Smith Inc. v. Haydu
  413 So. 2d 102· Fla. 3d DCA· 1982-04-13 ·cited 8×
  Merrill Lynch appealed a trial court order striking its pleadings and entering default as a sanction for willful and flagrant violations of discovery rules and court orders. The appellate court affirmed the default judgment, holding that the discovery violations were sufficiently
• Am. Metals Serv. Exp. Co. v. Ahrens Aircraft, Inc.
  666 F.2d 718· 1st Cir.· 1981-12-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the default judgment due to the defendant's significant delay and insufficient showing of a meritorious defense.
• Taylor v. Foremost-McKESSON, Inc.
  656 F.2d 1029· 5th Cir.· 1981-09-21 ·cited 8×
  Georgia law does not recognize a public policy exception to at-will employment for termination aimed at covering up illegal activities, and supervisors with absolute authority to terminate cannot be liable for tortious interference.
• Miami Commonwealth Realty Corp. v. Rinehart Volkswagen, Inc.
  387 So. 2d 530· Fla. 3d DCA· 1980-09-09 ·cited 8×
  Florida appellate court reversed denial of motion to set aside default judgment, finding the defendant demonstrated both a meritorious defense and excusable neglect for failure to respond.