Excusable Neglect

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

• Feinberg v. Feinberg
  384 So. 2d 1304· Fla. 4th DCA· 1980-06-04 ·cited 8×
  In a divorce appeal, the Florida Fourth District Court of Appeal dismissed the wife's appeal as untimely because the trial court lacked authority under Rule of Civil Procedure 1.090(b) to extend the time for filing a motion for new trial. The court held that the clear language of
• Sec. Motors, Inc. v. Fiat Motors OF N. Am., Inc.
  373 So. 2d 396· Fla. 1st DCA· 1979-07-20 ·cited 8×
• Silvia v. Laurie
  594 F.2d 892· 1st Cir.· 1979-03-21 ·cited 8×
  The court held that an untimely appeal must be dismissed, as timely filing is a jurisdictional prerequisite.
• United States v. McKNIGHT
  593 F.2d 230· 3d Cir.· 1979-02-21 ·cited 8×
  The court held that it has the power to remand a case to the district court for a determination of excusable neglect, even if appellate jurisdiction is uncertain.
• Fitch v. Estelle
  587 F.2d 773· 5th Cir.· 1979-01-12 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claims of incompetency to stand trial and involuntary guilty plea, and that the ineffective assistance of counsel claim should also be heard.
• Roberts v. Rehoboth Pharmacy, Inc.
  574 F.2d 846· 5th Cir.· 1978-06-08 ·cited 8×
  The court held that the district court abused its discretion in denying the plaintiff's motion to vacate the dismissal order.
• Provident Life & Accident Ins. Co. v. Lebo
  355 So. 2d 195· Fla. 3d DCA· 1978-02-21 ·cited 8×
  The court held that the trial court did not abuse its discretion in allowing a substitution of party plaintiff more than 90 days after a suggestion of death was filed.
• Scherer v. The Club, Inc.
  328 So. 2d 532· Fla. 3d DCA· 1976-03-02 ·cited 8×
  The plaintiff appeals the trial court's order setting aside a default judgment against the defendant corporation for failure to timely answer. The court reverses, holding that the defendant's motion to set aside the default was not supported by adequate affidavits showing excusab
• Williams v. The Five Platters, Inc.
  510 F.2d 963· C.C.P.A.· 1975-02-20 ·cited 8×
  The court held that the Trademark Trial and Appeal Board did not abuse its discretion in denying the motion to vacate its earlier decision granting summary judgment.
• Gilroy v. Erie Lackawanna R.R. Co.
  421 F.2d 1321· 2d Cir.· 1970-01-29 ·cited 8×
  The court held that inexcusable neglect in prosecuting an appeal, evidenced by prolonged inaction and failure to seek timely extensions, warrants dismissal or imposition of costs and personal liability on counsel.
• Olympic Ins. Co. v. Harrison
  413 F.2d 973· 5th Cir.· 1969-07-03 ·cited 8×
  The court initially dismissed the appeal for failure to pay the docket fee and lack of merit, but reconsidered upon motion for rehearing.
• Gus Lindsey, Jr. v. Perini
  409 F.2d 1341· 6th Cir.· 1969-05-08 ·cited 8×
  The court held that a belated appeal cannot be filed without a provision for it, and a timely notice of appeal is jurisdictional.
• Hansen v. Trawler Snoopy, Inc.
  384 F.2d 131· 1st Cir.· 1967-10-18 ·cited 8×
  The court held that the notice of appeal was untimely filed, as the 30-day limit under Rule 73(a) applied, not the 90-day admiralty limit.
• Imperial Towers v. Dade Home Servs., Inc.
  199 So. 2d 518· Fla. 4th DCA· 1967-05-18 ·cited 8×
  Imperial Towers appeals the denial of its motion to vacate a default decree in a lien foreclosure suit. The court reverses, finding that improper service of process combined with excusable neglect entitled the defendant to relief and an opportunity to defend on the merits.
• Standard Newspapers, Inc. v. King
  375 F.2d 115· 2d Cir.· 1967-03-27 ·cited 8×
  The court held that the denial of the motion to vacate the default judgment was not an abuse of discretion, as the appellant was aware of the proceedings and the motion was untimely.
• R. B. Rands et ux. v. United States
  367 F.2d 186· 9th Cir.· 1966-10-07 ·cited 8×
  The court held that the value of land attributable to its utility as a port site is compensable under the Fifth Amendment, and that the district court erred in denying the landowners an opportunity to amend their pleadings to raise objections to the taking.
• Warren v. United States
  358 F.2d 527· D.C. Cir.· 1965-12-01 ·cited 8×
  The court held that the appellant's motion for reduction of sentence was timely because the 60-day period under Rule 35 should commence from the date the appellant reasonably relied upon for filing, not the earlier date the judgment was filed with the District Court Clerk without
• Lar (America First) Daly v. Stratton
  304 F.2d 666· 7th Cir.· 1962-06-12 ·cited 8×
  The order denying defendants' motion to vacate the order setting aside a dismissal is not a final, appealable order because the district court had jurisdiction to set aside the dismissal under Rule 60(b) within one year.
• Leong v. R.R. Transfer Serv., Inc.
  302 F.2d 555· 7th Cir.· 1962-05-03 ·cited 8×
  The court held that refusing to vacate a dismissal for want of prosecution, based on attorneys' shared misapprehension about trial timing, constituted an abuse of discretion under Rule 60(b).
• Petsel v. Riley
  192 F.2d 954· 8th Cir.· 1951-12-21 ·cited 8×
  The court held that a writ of mandamus is not the appropriate vehicle to compel a jury trial when the district court has denied it, but suggested the district court consider Rule 6(b)(2) for excusable neglect.
• Benefit Admin. Sys., LLC v. W. Kendall Baptist Hosp., Inc.
  274 So. 3d 480· Fla. 3d DCA· 2019-05-29 ·cited 7×
  The court held that the trial court did not abuse its discretion in denying the motion to set aside the default judgment because the appellant failed to establish excusable neglect and due diligence.
• Chernoff Diamond & Co. v. Gallin Assocs., Inc.
  258 So. 3d 563· Fla. 2d DCA· 2018-11-14 ·cited 7×
  A defendant fails to demonstrate excusable neglect required to set aside a final default judgment when the defendant's president received the complaint, placed it in a drawer, went on vacation, and simply forgot about the lawsuit.
• The Bank OF NEW York Mellon fka The Bank of N.Y. for the Certificate Holders Cwabs Inc. v. Depiero
  178 So. 3d 552· Fla. 1st DCA· 2015-12-16 ·cited 7×
  Bank of New York Mellon appealed the trial court's denial of its motion to vacate a judgment of dismissal without prejudice after counsel failed to appear at trial due to a clerical error. The appellate court reversed, holding that the trial court erred by failing to conduct an e
• Wells Fargo Bank, N.A. v. Leila Jidy
  44 So. 3d 162· Fla. 3d DCA· 2010-08-25 ·cited 7×
  Wells Fargo Bank appealed the trial court's denial of its motion to vacate a default foreclosure judgment. Although the court erred in summarily ruling on Wells Fargo's meritorious defenses, the appellate court affirmed because Wells Fargo failed to demonstrate due diligence in s
• Brivis Enters., Inc. v. Teresita von Plinski
  8 So. 3d 1208· Fla. 3d DCA· 2009-04-29 ·cited 7×
  The court held that the trial court did not abuse its discretion in denying the defendants' motion to set aside default, as the defendants were guilty of gross neglect, not excusable neglect.
• Bethesda Mem'l Hosp., Inc. v. Judie Laska
  977 So. 2d 804· Fla. 4th DCA· 2008-04-09 ·cited 7×
  A hospital appealed a trial court's decision to vacate a clerk's default judgment based on excusable neglect. The appellate court affirmed, holding that when a trial court finds excusable neglect in vacating a default, reversal requires a showing of gross abuse of discretion—a hi
• In the Interest of J.B. v. Dep't of Child. & Fam. Servs.
  990 So. 2d 520· Fla. 2d DCA· 2008-01-04 ·cited 7×
  A Florida appellate court affirmed the termination of a mother's parental rights to her daughter based on her failure to appear at the adjudicatory hearing in a dependency case, which constituted implied consent to termination under Florida law. The court found the mother did not
• Colby Materials, Inc. v. Caldwell Constr., Inc.
  926 So. 2d 1181· Fla.· 2006-03-16 ·cited 7×
  The Florida Supreme Court held that when a party initially files pleadings through an unlicensed or unauthorized agent, courts must give the party a reasonable opportunity to amend and cure the defect by obtaining licensed counsel, rather than treating such filings as nullities a
• O'Donnell's Corp. v. Himrod Ambroise
  858 So. 2d 1138· Fla. 5th DCA· 2003-11-07 ·cited 7×
  O'Donnell's Corporation appealed an order remanding its petition for relief from an unlawful employment practice back to an administrative law judge for further proceedings. The Fifth District Court of Appeal dismissed the appeal, holding that the remand order was not a final age
• Flave Nickerson v. Dep't OF Child. & Families
  718 So. 2d 373· Fla. 3d DCA· 1998-10-07 ·cited 7×
  Flave Nickerson appeals the denial of his motion to set aside a default adjudication of dependency entered against him for failure to appear at a pre-trial conference. The Florida Third District Court of Appeal reverses, holding that trial courts lack statutory authority to enter
• Safetitle, Inc. v. Fid. Nat'l Title Ins.
  701 So. 2d 565· Fla. 5th DCA· 1997-08-29 ·cited 7×
  Safetitle appeals the trial court's denial of its motion to set aside a default judgment entered by the clerk. The court affirmed, holding that Safetitle failed to demonstrate excusable neglect and that the filing of an amended complaint did not waive the default.
• Suntrust Banks OF Fla., Inc. v. DON Wood, Inc.
  693 So. 2d 99· Fla. 5th DCA· 1997-05-09 ·cited 7×
  SunTrust Bank appeals the dismissal of its breach of contract and strict liability lawsuit against Don Wood, Inc., a contractor who installed a defective fuel storage tank at the Bank's facility. The trial court set aside a default judgment against the Contractor due to improper
• Grilli v. Metro. Life Ins. Co., Inc.
  78 F.3d 1533· 11th Cir.· 1996-04-02 ·cited 7×
  In a consolidated appeal of a MetLife insurance class action settlement, the Eleventh Circuit affirmed the district court's denial of intervention motions by class members, rejection of late opt-out requests, referral of class-status disputes to a special master, and denial of in
• Marsea J. Powers v. ITT Fin. Servs. Corp.
  662 So. 2d 1343· Fla. 5th DCA· 1995-11-17 ·cited 7×
  The court held that the trial court did not err in vacating the summary judgment of foreclosure based on excusable neglect, as the motion was timely and the vacated judgment had no effect on the parties' rights.
• Clark v. Perlman
  599 So. 2d 710· Fla. 1st DCA· 1992-05-13 ·cited 7×
  The court held that a party who has filed any paper in an action is entitled to notice of an application for default, even if they fail to respond to an amended complaint.
• Amberg v. The Fed. Deposit Ins. Corp.
  934 F.2d 681· 5th Cir.· 1991-07-02 ·cited 7×
  The court held that the FDIC's order of default was an abuse of discretion and violated the Administrative Procedure Act because the agency improperly denied petitioners a hearing and applied its procedural rules too strictly.
• Mendez v. Banco Popular de Puerto RICO
  900 F.2d 4· 1st Cir.· 1990-04-06 ·cited 7×
  The court held that the district court did not abuse its discretion in denying the plaintiff's requests for extensions and properly granted summary judgment based on the timely filed materials.
• Munsey v. Gen. Tel. Co. of Fla.
  538 So. 2d 1328· Fla. 2d DCA· 1989-02-17 ·cited 7×
  A former employee challenged summary judgment in a sex discrimination lawsuit under Florida's equal pay statute. The court affirmed the summary judgment based on collateral estoppel from a federal Title VII action but reversed attorney's fee awards against the plaintiff because t
• United States v. One (1) 1979 Mercedes 450SE Vehicle Id No. 116032-12-081839 License No. MKS 706
  651 F. Supp. 351· S.D. Fla.· 1987-01-12 ·cited 7×
  The court granted claimant's motion for an extension of time to file a claim and denied the government's motion to strike the answer, despite the late filing and attorney negligence.
• Carpenter v. Benson
  478 So. 2d 353· Fla. 5th DCA· 1985-09-12 ·cited 7×
  Carpenter obtained a judgment against Benson and garnished All County Disposal Corporation for the full judgment amount. When All County failed to timely answer the garnishment writ, Carpenter obtained a default judgment. All County moved to vacate the default, and the trial cour
• Hall v. Cmty. Mental Health Ctr. of Beaver Cnty.
  772 F.2d 42· 3d Cir.· 1985-09-06 ·cited 7×
  The court affirmed the denial of an untimely appeal, adhering to established rules regarding the finality of judgments and attorney responsibility.
• Anish v. Amritlal Topiwala & Sunnyland Reflections, Inc.
  430 So. 2d 990· Fla. 3d DCA· 1983-05-10 ·cited 7×
  Alfred Anish appeals a circuit court order granting partial final judgment determining liability against him based on a default judgment. The Third District Court of Appeal affirmed, holding that Anish's failure to respond to a default order clarifying the court's expectations co
• Steinhoff v. Harris
  698 F.2d 270· 6th Cir.· 1983-01-17 ·cited 7×
• In re Morrow v. Morrow
  564 F.2d 189· 5th Cir.· 1977-12-08 ·cited 7×
  The court held that the district court correctly dismissed the appeal for want of jurisdiction because the notice of appeal was not timely filed and counsel's workload did not constitute excusable neglect.
• Haley v. Simmons
  529 F.2d 78· 8th Cir.· 1976-01-14 ·cited 7×
  The court held that the appeal was premature because the district court's order was not a final appealable order under 28 U.S.C. § 1291.
• In re Recile v. Ward
  496 F.2d 675· 5th Cir.· 1974-06-24 ·cited 7×
  The court held that a bankrupt is not entitled to a nunc pro tunc discharge when the failure to enter the discharge was due to the court's failure to act rather than clerical error, and that the referee had discretion to extend the time for filing objections even after the deadli
• Williams v. Skylink Jets, Inc.
  229 So. 3d 1275· Fla. 4th DCA· 2017-11-15 ·cited 6×
  Adrian Williams, a pilot hired by Skylink Jets, was terminated and sued for breach of a Pilot Training Expense Agreement requiring reimbursement of training costs. After Williams defaulted and failed to respond to discovery, the trial court entered a default final judgment awardi
• Emerald Coast Utils. Auth. v. Bear Marcus Pointe, LLC
  227 So. 3d 752· Fla. 1st DCA· 2017-10-06 ·cited 6×
  Emerald Coast Utilities Authority appealed a trial court order denying its motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The appellant sought to vacate an attorneys' fees order it claimed never to have received so it could file a timely notice of
• Rosario v. State
  165 So. 3d 672· Fla. 4th DCA· 2015-01-07 ·cited 6×
  Counsel's duty under Padilla v. Kentucky is limited to informing a client of the risk of deportation, not all possible immigration consequences, and prejudice cannot be established if the defendant was unlawfully present.
• Kelly v. Bankunited, FSB
  125 So. 3d 981· Fla. 4th DCA· 2013-06-19 ·cited 6×
  The court held that a trial court's denial of a motion for rehearing based on excusable neglect, when the neglect was due to a secretarial error causing the attorney's absence from a hearing, was an abuse of discretion.