Excusable Neglect

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

• Wells Fargo Bank v. Chatham
  114 So. 3d 1062· Fla. 1st DCA· 2013-06-05 ·cited 6×
  The trial court did not abuse its discretion by dismissing the action without prejudice for failure to comply with a court order.
• Powell v. Madison Cnty. Sheriff's Dep't
  100 So. 3d 753· Fla. 1st DCA· 2012-11-07 ·cited 6×
  The trial court did not abuse its discretion in dismissing the action for failure to serve process within the time specified by Rule 1.070(j), Florida Rules of Civil Procedure.
• America's Yate de Costa Rica v. Armco Mfg., Inc.
  82 So. 3d 882· Fla. 4th DCA· 2011-06-22 ·cited 6×
  America's Yate de Costa Rica appealed a final judgment entered after its pleadings were struck for failure to respond to discovery. The Fourth District reversed, holding that the defendant established excusable neglect because it lacked notice of discovery deadlines when court-or
• Diaz, Reus & Targ, LLP v. Bird Wingate
  66 So. 3d 974· Fla. 3d DCA· 2011-06-22 ·cited 6×
  The appellate court affirmed a lower court's decision to vacate a voluntary dismissal with prejudice, converting it to a dismissal without prejudice. This allowed the plaintiff to proceed with their case after an apparent clerical error in the initial dismissal.
• Household Fin. Corp., III v. Mitchell
  51 So. 3d 1238· Fla. 1st DCA· 2011-01-19 ·cited 6×
  Household Finance Corporation appeals the trial court's denial of its motion to vacate a default judgment in a mortgage foreclosure case. The appellate court reversed, holding that HFC established excusable neglect, due diligence, and at least one meritorious defense (estoppel/ma
• Mims v. Am. Senior Living OF Dade City
  36 So. 3d 935· Fla. 2d DCA· 2010-06-23 ·cited 6×
  John A. Mims brought suit against an assisted living facility for alleged statutory violations. After Mims died during litigation, his counsel failed to timely substitute the estate's personal representative within the 90-day period required by Florida Rule of Civil Procedure 1.2
• Dawson Ins., Inc. v. Quantum Cap. Network, LLC.
  923 So. 2d 1194· Fla. 3d DCA· 2006-03-15 ·cited 6×
  Dawson Insurance appealed the denial of its motion to dismiss for forum non conveniens, arguing that the parties had agreed to extend the time for filing such a motion. The Florida Third District Court of Appeal affirmed the denial, holding that the motion was untimely under Rule
• Lanza v. Allied Trucking OF Fla., Inc.
  930 So. 2d 633· Fla. 3d DCA· 2006-01-11 ·cited 6×
  Lanza appeals an order setting aside a default judgment and granting summary judgment in favor of Allied Trucking. The court affirmed the setting aside of the default but reversed the summary judgment, finding genuine issues of material fact existed regarding whether Allied negli
• Havens v. Hendry Chambliss
  906 So. 2d 318· Fla. 4th DCA· 2005-06-15 ·cited 6×
  The Fourth District Court of Appeal affirmed the dismissal of plaintiffs' negligence case for failure to prosecute after the case languished without activity for over one year. Although the plaintiffs presented a compelling explanation that their attorney had misled them about ca
• Trinka v. Struna
  913 So. 2d 626· Fla. 4th DCA· 2005-05-18 ·cited 6×
  A Florida appellate court reversed a trial court's decision to set aside a default final judgment, holding that the defendant's attorney's conduct constituted willful neglect rather than excusable neglect. The attorney intentionally delayed responding to the complaint, relied on
• Lehner v. Durso
  816 So. 2d 1171· Fla. 4th DCA· 2002-05-08 ·cited 6×
  A Florida appellate court reversed a trial court's order setting aside a default judgment, holding that a defendant's complete disregard of all court proceedings and failure to respond even after being threatened with incarceration constituted inexcusable neglect as a matter of l
• Integrated Transaction Servs., Inc. v. Bahama Sun-N-Fun Travel, Inc.
  766 So. 2d 269· Fla. 4th DCA· 2000-02-16 ·cited 6×
  The court held that the trial court abused its discretion in denying the motion to set aside the default because the circumstances presented a sufficient showing of excusable neglect.
• THE Florida BAR v. Eubanks
  752 So. 2d 540· Fla.· 1999-06-24 ·cited 6×
  The Florida Bar sought to enjoin Paula and Ronald Eubanks from engaging in the unlicensed practice of law after they advertised legal document preparation services and provided legal advice on bankruptcy, divorce, and adoption matters. The Florida Supreme Court upheld a default j
• Nationsbank, N.A. v. Regency Ctrs., Inc.
  725 So. 2d 439· Fla. 4th DCA· 1999-02-03 ·cited 6×
  NationsBank appealed a default judgment for foreclosure of a landlord's lien obtained by Regency Centers. The court reversed the trial court's order denying NationsBank's motion to set aside the default judgment, finding excusable neglect and a meritorious defense warranted vacat
• Unimed Lab., Inc. v. Agency for Health Care Admin.
  715 So. 2d 1036· Fla. 3d DCA· 1998-07-29 ·cited 6×
  The court held that a genuine factual dispute exists regarding whether Unimed's untimely request for a hearing was due to excusable neglect, requiring a remand for an evidentiary hearing.
• Franko v. Ryan-Franko
  679 So. 2d 1314· Fla. 4th DCA· 1996-10-02 ·cited 6×
  The court held that the former husband did not have adequate notice that his rule 1.540(b) motion would be heard at the scheduled hearing, and therefore, he is entitled to an evidentiary hearing on that motion.
• Hughes v. Home Sav. OF Am.
  675 So. 2d 649· Fla. 2d DCA· 1996-06-12 ·cited 6×
  Hughes appeals a summary judgment foreclosing his real property, arguing the trial court erred in denying his motion to dismiss and in entering summary judgment before he answered the amended complaint. The court reversed the summary judgment, finding multiple procedural errors i
• McFADDEN v. Fourth Dist. Court OF Appeal
  682 So. 2d 1068· Fla.· 1996-04-25 ·cited 6×
  The Florida Supreme Court amended its appellate procedure rule regarding indigency filings for incarcerated inmates, finding the previous rule cumbersome. The Court granted a writ of mandamus to reinstate an inmate's appeal that was dismissed due to non-compliance with the old ru
• Donald Hanft, M.D. & Donald Hanft, M.D., P.A. v. Suzanne Church & John Church
  671 So. 2d 249· Fla. 3d DCA· 1996-04-10 ·cited 6×
  Dr. Hanft appeals an order denying his motion to set aside a default judgment in a medical malpractice case. The court reversed, holding that excusable neglect was shown where the doctor mistook the complaint for a routine records subpoena while attending patients on his last day
• Walker v. Franklin
  669 So. 2d 1088· Fla. 4th DCA· 1996-03-13 ·cited 6×
• RSR Invs., Inc. v. Barnett Bank OF Pinellas Cnty.
  647 So. 2d 874· Fla. 2d DCA· 1994-10-28 ·cited 6×
  RSR Investments and Native Investments appealed the trial court's decision to set aside a foreclosure sale where they had purchased the property for $5,000 despite a foreclosure judgment of $86,109.59. The court affirmed the trial court's ruling that the sale should be vacated du
• Rogozinski v. Sullivan
  624 So. 2d 822· Fla. 2d DCA· 1993-09-29 ·cited 6×
  The appellate court reversed the trial court's denial of a motion to set aside a final default judgment, finding that the defendants' confusion regarding counsel and the relationship between their law firms constituted excusable neglect.
• Hurley v. Gov't Emps. Ins. Co.
  619 So. 2d 477· Fla. 2d DCA· 1993-06-11 ·cited 6×
  The appellate court reversed a trial court's decision to vacate a default judgment against an insurance company, finding the company's negligence in handling the lawsuit to be "egregious" and not excusable. The court reinstated the original judgment for the plaintiffs.
• Latin Am. Prop. & Cas. Ins. Co. v. Italian Palace, Inc.
  596 So. 2d 1174· Fla. 4th DCA· 1992-04-01 ·cited 6×
  Latin American Insurance appealed orders denying its motions to vacate an ex parte clerk's default in a 103-page amended complaint. The court affirmed the denial of the initial motion but reversed the denial of an amended motion to vacate, holding that secretarial error constitut
• United States v. Lily Borromeo
  945 F.2d 750· 4th Cir.· 1991-09-17 ·cited 6×
  The court agrees with the result that there was excusable neglect, but writes separately to clarify the proper analysis.
• Alpine State Bank v. Ohio Cas. Ins. Co.
  941 F.2d 554· 7th Cir.· 1991-08-23 ·cited 6×
  The court held that the bank's claim was not covered by the insurance bond because the customer's actions did not constitute forgery as defined by the bond, nor did they meet the criteria for on-premises loss.
• United States v. Leonard
  937 F.2d 494· 10th Cir.· 1991-06-17 ·cited 6×
  A pro se prisoner's notice of appeal is not considered timely filed when posted in regular prison mail, and the Houston rule does not extend to such mail.
• Rivera v. Puerto RICO Tel. Co.
  921 F.2d 393· 1st Cir.· 1990-12-21 ·cited 6×
  The court held that the district court did not abuse its discretion in reversing its prior order allowing amendment of the notice of appeal, and affirmed the denial of the motion to extend time to appeal.
• Patterson v. Am. Bosch Corp.
  914 F.2d 384· 3d Cir.· 1990-09-11 ·cited 6×
  The court held that two good-faith attempts to serve a writ of summons, followed by a period of inactivity, were sufficient to toll the statute of limitations under Pennsylvania law, as interpreted by the court.
• Conidaris v. Credit Alliance Corp.
  558 So. 2d 523· Fla. 5th DCA· 1990-03-22 ·cited 6×
  Robert Conidaris appealed a $90,164 default judgment entered against him in a guaranty dispute. The court reversed, holding that Conidaris established excusable neglect and a meritorious defense (forgery) and that the trial court erred in refusing to set aside the default and all
• Certain Underwriters AT Lloyds OF London v. Evans
  896 F.2d 1255· 10th Cir.· 1990-02-23 ·cited 6×
  The court held that an untimely notice of appeal, filed after an improperly granted extension of time that exceeded the limits set by the Federal Rules of Appellate Procedure, deprives the appellate court of jurisdiction. The court also held that the exclusionary language in an i
• Wesco Prods. Co. & Donald Horwitz v. Alloy Auto. Co.
  880 F.2d 981· 7th Cir.· 1989-07-31 ·cited 6×
  The court held that affirmatively misleading a party through the judicial process can constitute extraordinary circumstances justifying relief under Rule 60(b)(6), especially when it creates a substantial danger of injustice.
• Molloy v. Wilson
  878 F.2d 313· 9th Cir.· 1989-06-28 ·cited 6×
  The court held that the one-year limitation period of Rule 60(b)(1) does not bar a motion to vacate when the party did not receive notice of the dismissal order, allowing for consideration under Rule 60(b)(6).
• Wilson v. Dep't of Admin.
  538 So. 2d 139· Fla. 4th DCA· 1989-02-15 ·cited 6×
  Mamie Wilson appealed a final order denying her retirement service credit for prior employment at Lantana Tuberculosis Hospital because she allegedly received a refund of contributions. The court reversed, holding that the Director of Retirement erred by reweighing evidence and a
• Lorin Andre v. Guste
  850 F.2d 259· 5th Cir.· 1988-07-28 ·cited 6×
  A petitioner cannot avoid dismissal of a successive habeas petition under Rule 9(b) by simply refiling the same petition after failing to appeal the dismissal of the first petition.
• Buggs v. Elgin
  852 F.2d 318· 7th Cir.· 1988-07-25 ·cited 6×
  The magistrate had authority under Federal Rule of Civil Procedure 60(b)(1) to correct the original judgment for inadvertence, and this correction did not reopen the entire judgment for a new appeal on the merits.
• United States v. Menelao Orlando Estevez
  845 F.2d 1409· 7th Cir.· 1988-04-15 ·cited 6×
  The court held that the notice of forfeiture was inadequate to inform Haro of the forfeiture of his title interest, making his failure to file a timely claim excusable neglect.
• United States v. Zuleta-Molina
  840 F.2d 157· 1st Cir.· 1988-02-29 ·cited 6×
  The court held that the appeal was untimely and lacked jurisdiction, but even if treated as a § 2255 petition, the underlying claim lacked merit.
• Rothblatt v. Dep't of Health & Rehabilitative Servs.
  520 So. 2d 644· Fla. 4th DCA· 1988-02-17 ·cited 6×
  The Fourth District Court of Appeal reversed an administrative agency's final order denying a formal hearing request due to late filing, holding that the agency lacked authority to determine its own jurisdiction and that the late filing constituted excusable neglect.
• Legler v. Kwitney, Kroop & Scheinberg, P.A.
  520 So. 2d 95· Fla. 4th DCA· 1988-02-17 ·cited 6×
• Appliance & Refrigeration Distribs., Inc. v. Fedders USA, Inc.
  518 So. 2d 1384· Fla. 3d DCA· 1988-02-02 ·cited 6×
  The court held that the entry of a default judgment was reversible error because the party seeking the default failed to provide notice of the application for default, despite the opposing party having filed papers in the action.
• Cal. Club Realty, Inc. v. Lucca
  517 So. 2d 72· Fla. 3d DCA· 1987-12-15 ·cited 6×
  California Club Realty appealed the trial court's denial of its motion to set aside a default judgment, arguing excusable neglect, a meritorious defense, and due diligence. The appellate court affirmed, finding the defendant intentionally failed to respond to the complaint rather
• The City OF Ocala v. Heath
  518 So. 2d 325· Fla. 5th DCA· 1987-12-10 ·cited 6×
  The court held that the trial court did not abuse its discretion in vacating a dismissal order based on excusable neglect due to counsel's serious illness and medication effects.
• In re Men's Sportswear, Inc. v. Sasson Jeans, Inc.
  834 F.2d 1134· 2d Cir.· 1987-11-27 ·cited 6×
  The court held that Sasson's repeated obstructionist conduct justified the entry of a default judgment and that the bankruptcy court had jurisdiction, but remanded for modification of the damage award concerning unspent advertising funds.
• Emcasco Ins. Co. v. Sambrick
  834 F.2d 71· 3d Cir.· 1987-11-27 ·cited 6×
  The court held that the district court abused its discretion by refusing to set aside a default judgment without properly considering the required factors and by sanctioning the defendant for the actions of another party's counsel.
• Crawford v. Am. Household Storage Co. of Fla., Inc.
  509 So. 2d 1358· Fla. 4th DCA· 1987-07-22 ·cited 6×
  The appellate court reviewed whether the trial court erred in setting aside a default against the defendant for failing to file an answer to an amended complaint and retain counsel.
• Sanders v. City OF Belle Glade
  510 So. 2d 962· Fla. 4th DCA· 1987-07-01 ·cited 6×
  Everett Sanders appealed a summary judgment dismissing his false arrest and negligence claims against the City of Belle Glade. Although the court found a special relationship existed between Sanders and police after his arrest that could support a duty of care, summary judgment w
• Trans-World Realty Corporation-Plantation v. Realty World Corp.
  507 So. 2d 1201· Fla. 4th DCA· 1987-06-03 ·cited 6×
  Trans-World Realty appealed a trial court's denial of its motion to vacate a default judgment entered against it for failure to timely file an answer to a breach of contract complaint. The Fourth District Court of Appeal reversed, holding that secretarial error resulting in failu
• Wakefield v. N. Telecom, Inc.
  813 F.2d 535· 2d Cir.· 1987-03-02 ·cited 6×
  The court held that the district court erred in granting summary judgment for the defendant on the breach of contract claim, vacating the judgment and remanding for a new trial. The court affirmed the district court's denial of the defendant's untimely request for costs.
• In re Ark. Co., Inc.
  798 F.2d 645· 3d Cir.· 1986-08-13 ·cited 6×
  Bankruptcy courts have the equitable power to grant retroactive approval of professional employment in extraordinary circumstances, but mere oversight or inadvertence by counsel does not constitute such circumstances.