Excusable Neglect

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

• Pimentel v. Strength20, LLC
  2019 WL 13249032· M.D. Fla.· 2025-03-05 ·cited 4×
  The court held that a motion for relief from a non-final discovery order based on excusable neglect due to a calendaring error is not appropriate, especially after discovery has closed.
• Lumenes Pierre v. Am. Sec. Ins. Co.
  318 So. 3d 4· Fla. 4th DCA· 2022-06-22 ·cited 4×
  The appellate court reversed a trial court's dismissal of a plaintiff's case, finding that the trial court abused its discretion by refusing to set aside the dismissal. The dismissal occurred because the plaintiff's attorney failed to attend a case management conference due to a
• Marcelus v. Aqua Fin., Inc.
  Fla. 4th DCA· 2022-04-20 ·cited 4×
  Defendants appealed a default judgment entered when their counsel failed to appear at a case management conference. The trial court denied their motion to set aside the default without making findings of willful and contumacious conduct as required by Florida law. The appellate c
• Pappas v. State
  346 So. 3d 1200· Fla. 1st DCA· 2022-04-13 ·cited 4×
  The appellate court affirmed the denial of a postconviction motion, holding that a 2016 amendment to Florida's "10-20-Life" statute, which removed aggravated assault from the list of offenses eligible for enhanced penalties for firearm discharge, did not apply retroactively to th
• Gambrel v. Sampson
  330 So. 3d 114· Fla. 2d DCA· 2021-11-17 ·cited 4×
  The appellate court granted a writ of mandamus to compel a lower court to enter a judgment on an arbitration award. The lower court had improperly allowed a party to seek a trial de novo after the deadline, despite the mandatory nature of entering judgment on an arbitration award
• Barrett v. Busser
  310 So. 3d 1016· Fla. 2d DCA· 2020-08-07 ·cited 4×
  The appellate court reversed a trial court's denial of a motion for reconsideration and rehearing, finding that the trial court abused its discretion by failing to hold an evidentiary hearing. The case involved an injunction for protection against stalking.
• Levin v. Kleeman
  229 So. 3d 1290· Fla. 5th DCA· 2017-12-01 ·cited 4×
  Charles Levin appeals a summary judgment entered against him in a dispute with his mother over an allegedly unpaid loan. The Florida Fifth District Court of Appeal reversed and remanded because the trial court granted summary judgment without any motion for summary judgment being
• Kiesha Henderson-Bullard v. Lockard
  204 So. 3d 568· Fla. 5th DCA· 2016-11-18 ·cited 4×
  The court held that the trial court erred in vacating an order allowing relocation because the father received actual notice, and the second relocation petition was not an improper amendment.
• Jones v. Gov't Emps. Ins. Co. as a
  192 So. 3d 614· Fla. 4th DCA· 2016-05-25 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to set aside a summary judgment. The defendants argued they did not receive timely notice of the hearing due to mail mishandling, and the appellate court found the trial court should have held an evidentiary hearing
• Petrucci v. Brinson
  179 So. 3d 398· Fla. 1st DCA· 2015-11-09 ·cited 4×
  Michael Anthony Petrucci appeals a summary judgment entered against him in a dispute with his former employee Phillip Brinson over unpaid loans and breach of contract. The Florida First District Court of Appeal reversed the summary judgment, holding that the trial court abused it
• Gen. Computer Servs., Inc. v. AP SC River Oaks LLC
  130 So. 3d 722· Fla. 3d DCA· 2013-12-26 ·cited 4×
• Thompson v. Hancock Bank
  158 So. 3d 613· Fla. 5th DCA· 2013-12-13 ·cited 4×
  The court held that a default judgment must be set aside if a responsive pleading was served prior to the entry of default, even if that pleading was filed late and in violation of a court order.
• Navarro v. Castro
  110 So. 3d 499· Fla. 4th DCA· 2013-03-27 ·cited 4×
  A defendant sought to set aside a final dismissal order entered after settlement, claiming the parties mutually mistook the value of an insurance policy that was central to their settlement agreement. The Fourth District Court of Appeal reversed the trial court's jurisdictional d
• Citimortgage, Inc. v. August J. Synuria
  86 So. 3d 1237· Fla. 4th DCA· 2012-05-02 ·cited 4×
  CitiMortgage appeals the denial of its motion to vacate a foreclosure sale where the property sold for $800, representing only 1.9% of the $41,580.97 judgment. The court reversed, holding that gross inadequacy of sale price resulting from the lender's mistake, combined with the d
• John Deere Constr. & Forestry Co. v. Lorelys Elec. Corp.
  69 So. 3d 1099· Fla. 3d DCA· 2011-09-28 ·cited 4×
  The appellate court affirmed the trial court's order granting relief from judgment, finding that while the trial court's reasoning was flawed, the result was correct under the doctrine of excusable neglect.
• Golden Gate Homes, LC v. Levey
  59 So. 3d 275· Fla. 3d DCA· 2011-04-13 ·cited 4×
  Golden Gate Homes appeals dismissal of its professional malpractice complaint against attorneys who represented it in underlying litigation. The court reversed dismissal of claims arising from the L&G Litigation but affirmed dismissal of Smith Litigation claims and the law firm L
• Palacio v. Alaska Seaboard P'rs Ltd. P'ship
  50 So. 3d 54· Fla. 1st DCA· 2010-12-08 ·cited 4×
  A trial court is required to conduct an evidentiary hearing before denying a motion to set aside a default judgment if the moving party's allegations raise a colorable entitlement to relief.
• Suntrust Bank v. Hodges
  12 So. 3d 1278· Fla. 4th DCA· 2009-07-22 ·cited 4×
  SunTrust Bank appeals the denial of its motion for relief from a final judgment entered in a negligence case, claiming it should be relieved from the judgment due to excusable neglect for failing to timely file a motion for trial de novo after arbitration. The appellate court dis
• In the Interest of A.W.P., JR. v. Dep't of Child. & Fam. Servs.
  14 So. 3d 1240· Fla. 2d DCA· 2009-07-01 ·cited 4×
  A father appeals a circuit court order denying his motion for relief from judgment and motion for rehearing in a child dependency case. The appellate court dismissed the appeal as to one order for lack of jurisdiction and affirmed the denial of relief as to another order, finding
• Seay Outdoor Advertising, Inc. v. Locklin
  965 So. 2d 325· Fla. 1st DCA· 2007-09-21 ·cited 4×
  Seay Outdoor Advertising appeals the trial court's order vacating a default final judgment against Claude Mark Locklin for failure to respond to discovery. The appellate court reverses, holding that Locklin failed to demonstrate the requisite due diligence required to vacate a ju
• Lender v. Unum Life Ins. Co. of Am., Inc.
  519 F. Supp. 2d 1217· M.D. Fla.· 2007-09-14 ·cited 4×
  The court adopted the magistrate judge's recommendation to grant the plaintiff's motion for relief from judgment, reopening the case against Unum Life Insurance Company.
• United Cap. Funding Corp. v. Technamax, Inc.
  946 So. 2d 63· Fla. 2d DCA· 2006-12-22 ·cited 4×
  United Capital Funding Corp. appeals the trial court's decision to vacate a default judgment against Lisa Bryan. The appellate court reverses, holding that Bryan's affidavit failed to establish excusable neglect as a matter of law because it did not explain the reason for her fai
• Jerue v. Holladay
  945 So. 2d 589· Fla. 2d DCA· 2006-12-15 ·cited 4×
  Jerue challenges a trial court's dismissal of his breach of contract and related claims against an interior designer. The court erred by dismissing with prejudice when Jerue's counsel was absent due to excusable secretarial error, and because Jerue had a meritorious defense regar
• Wolford v. Boone
  874 So. 2d 1207· Fla. 5th DCA· 2004-05-14 ·cited 4×
  The Wolfords sought certiorari review of a circuit court's order denying their motion to strike the defendants' pleadings in a medical malpractice case. The defendants failed to comply with mandatory presuit discovery procedures under Florida's medical malpractice statute, but th
• Mahmoud S. Mahmoud and Mizhar Mahmoud v. King
  824 So. 2d 248· Fla. 4th DCA· 2002-07-31 ·cited 4×
  The Fourth District Court of Appeal reversed a summary judgment entered against pro se defendants in a negligence case where the trial court deemed requests for admissions admitted based on defendants' failure to timely respond. The court held that summary judgment should not be
• Aboudraah v. Tartus Grp., Inc.
  795 So. 2d 79· Fla. 5th DCA· 2000-08-18 ·cited 4×
  A default judgment must be set aside if the complaint fails to state a cause of action, and the complaint here lacked allegations to establish personal liability of the director.
• RAY v. Thomson-Kernaghan & Co. Ltd.
  761 So. 2d 1197· Fla. 4th DCA· 2000-06-28 ·cited 4×
  Bradley Ray, a sophisticated businessman and CEO, appeals an order denying his motion to vacate a clerk's default entered against him. The court affirmed, finding that Ray failed to demonstrate an abuse of discretion by the trial judge, who reasonably concluded that Ray's relianc
• Am. Bankers Ins. Co. v. Zapata
  761 So. 2d 1216· Fla. 2d DCA· 2000-06-28 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the judgment because the appellant failed to provide a sufficient record for review.
• J.D. Coats v. Climatic Prods. Corp.
  756 So. 2d 1104· Fla. 1st DCA· 2000-05-10 ·cited 4×
  The appellate court dismissed the appeal of all defendants except J.D. Coats, Jr., holding that because only Coats, Jr. filed a timely motion for rehearing in the trial court, the appeal could only proceed on behalf of that party. The court applied Florida Rule of Appellate Proce
• Yurdanur Yeralan Rice v. James
  740 So. 2d 7· Fla. 1st DCA· 1999-03-19 ·cited 4×
  The court reversed the trial court's denial of a motion to set aside a default judgment where the appellant demonstrated excusable neglect, due diligence, and meritorious defenses, as Florida policy favors resolution on the merits.
• Amex Int'l, Inc. v. Kunde
  722 So. 2d 909· Fla. 5th DCA· 1998-12-04 ·cited 4×
  The trial court did not abuse its discretion in denying the motion to set aside the default.
• Royal Caribbean Cruises, Ltd. v. Traveler
  699 So. 2d 847· Fla. 3d DCA· 1997-10-01 ·cited 4×
  The appellate court reversed a lower court's denial of a motion to set aside a default judgment. The court found that the defendant's failure to respond to the complaint constituted excusable neglect, allowing the case to proceed on its merits.
• Pennington v. Eddie C. Waldheim, Jr., M.D.
  695 So. 2d 1269· Fla. 5th DCA· 1997-06-20 ·cited 4×
  Pennington appeals the trial court's order striking his motion for rehearing on summary judgments due to failure to serve the motion on opposing counsel within the required ten days. The appellate court affirms, holding that timely service—not filing—of a motion for rehearing is
• Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt.
  655 So. 2d 104· Fla. 1st DCA· 1994-12-20 ·cited 4×
  The First District Court of Appeal reversed a judge of compensation claims' decision to vacate a final order and allow a claimant to refile a late appeal. The court held that a JCC lacks statutory or inherent jurisdiction to vacate a final order, even when the late filing resulte
• Zelia Luzia Santos v. 47 Serv. Station, Inc.
  613 So. 2d 547· Fla. 3d DCA· 1993-02-02 ·cited 4×
• United States v. Harre
  983 F.2d 128· 8th Cir.· 1993-01-11 ·cited 4×
  The court held that the surety's late-filed answer constituted an appearance, entitling him to notice before a default judgment could be entered, and that the district court erred by not providing the required notice.
• Listenbee v. City OF Milwaukee & Milwaukee City Serv. Comm'n
  976 F.2d 348· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that the plaintiff's motion for an extension of time to file an appeal constituted a valid notice of appeal under Smith v. Barry. However, the court affirmed the dismissal, finding that the plaintiff did not possess a property interest in continuous employment prot
• Elec. Specialty Co. v. Rd. & Ranch Supply, Inc.
  967 F.2d 309· 9th Cir.· 1992-06-15 ·cited 4×
  The court held that ineffective service under Federal Rule of Civil Procedure 4(c)(2)(C)(ii) does not preclude subsequent service under Rule 4(c)(2)(C)(i) and state law, especially when a new summons is obtained.
• In re Reliance Equities, Inc. v. Valley Fed. Sav. & Loan Ass'n & Mid Valley Mortg. Corp.
  966 F.2d 1338· 10th Cir.· 1992-06-09 ·cited 4×
  The court held that the appellants did not hold a perfected security interest in the proceeds from the sale of promissory notes and that their unsecured bankruptcy claim was untimely filed.
• Giordano v. Dep't OF Banking & Fin.
  596 So. 2d 712· Fla. 1st DCA· 1992-03-17 ·cited 4×
  Joseph Giordano appealed a default administrative order from the Department of Banking and Finance that required him to cease selling securities without a license and imposed a $5,000 fine. The court affirmed the order, holding that Giordano's complete failure to respond to the a
• Laurence Simone v. Damare
  595 So. 2d 281· Fla. 3d DCA· 1992-03-17 ·cited 4×
  The trial court abused its discretion by denying the motion to set aside the default judgment.
• United States v. Parcel OF Land & Residence AT 18 Oakwood St.
  958 F.2d 1· 1st Cir.· 1992-02-21 ·cited 4×
  The court held that the district court did not err in granting summary judgment for civil forfeiture or in denying the motion for relief from judgment.
• United States v. Stanislaw Koziel and Andrzej Fiedor
  954 F.2d 831· 2d Cir.· 1992-01-22 ·cited 4×
  The court held that it lacked jurisdiction to hear appeals challenging the judgments of conviction due to untimely filing, and affirmed the denial of Judicial Recommendations Against Deportation (JRADs) as the repeal of the JRAD statute did not violate the Ex Post Facto Clause.
• In re Pioneer Inv. Servs. Co. v. Pioneer Inv. Servs. Co.
  943 F.2d 673· 6th Cir.· 1991-09-06 ·cited 4×
  The court held that the plaintiffs should not be penalized for their attorney's negligence in filing proofs of claim late, especially when the notice was ambiguous and the debtor suffered no prejudice.
• Barber v. Sec. Benefit Life Ins. Co.
  936 F.2d 210· 5th Cir.· 1991-07-23 ·cited 4×
  The court held that an untimely filed notice of appeal deprives the appellate court of jurisdiction.
• Richmark Corp. v. Timber Falling Consultants, Inc.
  937 F.2d 1444· 9th Cir.· 1991-07-03 ·cited 4×
  The court held that personal jurisdiction existed over BEB, service of process was proper, and the district court did not abuse its discretion in finding BEB's conduct culpable, thus affirming the default judgment and denial of the Rule 60(b) motion.
• Ewing Indus., Inc. v. Miami Wall Sys., Inc.
  583 So. 2d 713· Fla. 3d DCA· 1991-07-02 ·cited 4×
  The court held that a default should be vacated when entered without notice and the failure to respond was excusable due to confusion from related cases in different circuits.
• United States v. $29
  931 F.2d 549· 9th Cir.· 1991-04-24 ·cited 4×
  The court held that despite procedural errors in the forfeiture process that allowed for jurisdiction, the government had probable cause to seize the currency and the claimants failed to prove a legitimate origin for the funds, thus affirming the forfeiture.
• Romero v. Peterson
  930 F.2d 1502· 10th Cir.· 1991-04-23 ·cited 4×
  The court held that the appeal of Rule 11 sanctions is not yet final, and remanded the case for further factfinding on whether the defendants were acting as federal actors, vacating the district court's determination of federal status.
• Merrill Lynch Mortg. Corp. v. Satendra Narayan and Sudha Narayan
  908 F.2d 246· 7th Cir.· 1990-07-30 ·cited 4×
  The court held that the district court did not abuse its discretion in entering default and default judgment against the defendants, nor in denying their motions to set aside the default and vacate the judgment, but vacated the punitive damages award.