Excusable Neglect

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

• In re Est. OF Lydia M. Snyder
  562 So. 2d 403· Fla. 4th DCA· 1990-06-06 ·cited 4×
  A Florida appellate court reversed the trial court's dismissal of a petition to set aside a will, holding that an untimely amended petition filed before a motion hearing on final judgment should be permitted and relates back to the original petition filing date, thus avoiding def
• Yusov v. Yusuf
  892 F.2d 784· 9th Cir.· 1989-12-19 ·cited 4×
  The court held that the district court did not abuse its discretion in entering a default judgment as a sanction for repeated and willful failure to obey court orders and follow procedural rules.
• Washington v. Bumgarner
  882 F.2d 899· 4th Cir.· 1989-08-22 ·cited 4×
  The court adheres to existing authority, barring the pro se prisoner's appeal on jurisdictional grounds due to a late filing.
• Weeks Cartage, Inc. v. CSX Transp.
  547 So. 2d 237· Fla. 1st DCA· 1989-07-18 ·cited 4×
  The court held that the defendant's misunderstanding of the legal process, based on representations from plaintiff's counsel, constituted excusable neglect, and the proposed answer demonstrated a meritorious defense.
• Borowski v. DePUY
  876 F.2d 1339· 7th Cir.· 1989-06-09 ·cited 4×
  The court held that challenging the amount of a Rule 11 fee award is not automatically frivolous, even if the underlying conduct was sanctionable.
• Gen. Elec. Credit Corp. v. Yasparro
  101 F.R.D. 767· M.D. Fla.· 1988-09-07 ·cited 4×
• Townsend v. Terminal Packaging Co. & Pat Ryan
  853 F.2d 623· 8th Cir.· 1988-08-10 ·cited 4×
  The court held that the district court properly dismissed the motion for reconsideration as untimely, regardless of whether it was treated as a Rule 59(e) or Rule 60(b) motion.
• Garvin v. S.C. Ins. Co.
  528 So. 2d 929· Fla. 2d DCA· 1988-06-29 ·cited 4×
  Ron Garvin appealed the trial court's denial of his motion for relief from a default judgment entered against him in a subrogation action by South Carolina Insurance Company. Although Garvin presented a meritorious defense through an affidavit from the project owner exonerating h
• Se. Fid. Ins. Co. v. Truck Ins. Exch.
  521 So. 2d 306· Fla. 3d DCA· 1988-03-08 ·cited 4×
  Southeastern Fidelity Insurance Company appealed the denial of its motion for relief from a final judgment under Florida Rule of Civil Procedure 1.540, arguing that its appellate counsel did not receive notice of a dismissal order. The court reversed, finding that failure to prov
• Merritt v. Broglin
  841 F.2d 184· 7th Cir.· 1988-03-02 ·cited 4×
  The district court must determine if the plaintiff's motion for an extension of time to file a notice of appeal was timely and if the delay was due to excusable neglect.
• Putnam v. Morris
  833 F.2d 903· 10th Cir.· 1987-11-23 ·cited 4×
  The court held that the trial court did not abuse its discretion in dismissing the action for untimely service of process.
• Yelvington Transp., Inc. v. Hersman
  513 So. 2d 1361· Fla. 3d DCA· 1987-10-21 ·cited 4×
  Yelvington Transport and William Harry Lampkin appealed a trial court order denying their motion to set aside clerk's defaults. The appellate court reversed, finding the defendants established excusable neglect, demonstrated a meritorious defense, and acted promptly upon learning
• Gahagen v. Mahoney
  511 So. 2d 1125· Fla. 4th DCA· 1987-09-09 ·cited 4×
  The court held that the trial court abused its discretion in denying the motion to vacate the default and final judgment.
• Div. of Admin. State of Fla. Dep't of Transp. v. Davis
  511 So. 2d 686· Fla. 4th DCA· 1987-08-12 ·cited 4×
  The court held that the trial court erred in conducting a non-jury trial after a jury trial had been demanded and not validly waived, despite the appellant's failure to appear.
• Hoover v. Valley West D M
  823 F.2d 227· 8th Cir.· 1987-07-09 ·cited 4×
  The court affirmed the district court's decision to grant relief from a default judgment and the trial court's reduction of damages, finding no reversible error in the admission of evidence or the jury's findings on remaining damages.
• de Bueno v. Castro
  822 F.2d 416· 3d Cir.· 1987-07-02 ·cited 4×
  The court held that the defendants' failure to file an answer constituted excusable neglect, not a deliberate trial strategy, and that the district court erred in not addressing the potential meritorious defense from the 1975 Separation of Properties Agreement.
• In re Nucorp Energy, Inc. v. Jericho-Britton
  812 F.2d 582· 9th Cir.· 1987-03-13 ·cited 4×
  The court held that the deadline for filing a notice of appeal under Bankruptcy Rule 8002(a) is strictly enforced and calculated under Rule 9006(a), not Rule 6(a).
• Geiger-Ricketts DEV. Co. & Aetna Cas. & Sur. Co. v. Alsman
  499 So. 2d 40· Fla. 1st DCA· 1986-12-19 ·cited 4×
  The Florida First District Court of Appeal reversed a workers' compensation deputy commissioner's order awarding benefits to an injured claimant based solely on the employer/carrier's failure to appear at the hearing, holding that even when a defendant fails to appear, the claima
• In re Grand Jury Matter. John F. Kennedy Mem'l Hosp. v. United States
  802 F.2d 96· 3d Cir.· 1986-10-01 ·cited 4×
  The court held that the district court had jurisdiction to reconsider its order quashing the subpoena and that the Schofield affidavit was sufficient to support the subpoena's enforcement.
• Watson v. Anderson
  492 So. 2d 1046· Fla.· 1986-06-26 ·cited 4×
• Wentnick v. European Am. Bank & Tr. Co.
  487 So. 2d 382· Fla. 4th DCA· 1986-04-23 ·cited 4×
  The court held that the trial court abused its discretion by refusing to set aside a default judgment when the defendant demonstrated excusable neglect, a meritorious defense, and due diligence.
• Myers v. Linwood V. Stephenson
  781 F.2d 1036· 4th Cir.· 1986-01-16 ·cited 4×
  The court held that the prisoner's notice of appeal was timely filed due to excusable neglect and the district court's sua sponte extension, and that an evidentiary hearing is required on the claim of a guilty plea based on misinformation.
• In re Brandstaetter
  767 F.2d 324· 7th Cir.· 1985-07-02 ·cited 4×
  The court held that the trustee's objection to the debtors' claimed exemption of personal injury claims was untimely because it was filed after the debtors' discharge, and therefore the objection should be disallowed.
• United States v. Ozzie K. Cheek
  761 F.2d 461· 8th Cir.· 1985-05-02 ·cited 4×
  The court held that a district court lacks jurisdiction to grant an extension of time to file a notice of appeal in a criminal case if the motion is filed more than 30 days after the time otherwise prescribed by Rule 4(b).
• Wright v. Deyton
  757 F.2d 1253· 11th Cir.· 1985-04-16 ·cited 4×
  The court held that while reliance on mail delivery can constitute excusable neglect, the district court must still conduct a full analysis under Fallen v. United States to determine if the appellant did all that could reasonably be expected, particularly regarding pre-mailing de
• United States v. Reyes
  759 F.2d 351· 4th Cir.· 1985-04-10 ·cited 4×
  The court held that the appellant was entitled to a determination of whether their delay in filing an appeal constituted excusable neglect under Rule 4(b).
• Misty Lake Condo. Ass'n, Inc. v. Schwartz
  432 So. 2d 638· Fla. 3d DCA· 1983-05-31 ·cited 4×
  The court held that the defendant's resident agent's failure to forward legal documents constituted excusable neglect, warranting vacation of the default judgment.
• Horn & Hardart v. Dietz
  417 So. 2d 1039· Fla. 4th DCA· 1982-07-14 ·cited 4×
• Feinberg v. Feinberg
  410 So. 2d 517· Fla. 4th DCA· 1981-12-16 ·cited 4×
  Lois Feinberg appealed the trial court's denial of her motion to vacate a final judgment in a dissolution of marriage case, seeking relief under Rule 1.540(b) based on alleged mistake or excusable neglect by her counsel in failing to timely file a motion for new trial. The Fourth
• Local Consumer Enters. Corp. v. Hadley
  404 So. 2d 1155· Fla. 2d DCA· 1981-10-21 ·cited 4×
  Local Consumer Enterprises Corp. appealed a default judgment, seeking relief under Florida Rule of Civil Procedure 1.540 on grounds of attorney negligence and defective service. The appellate court reversed the trial court's refusal to hear the motion, holding that the motion rem
• United States v. Benny E. Avery and Joseph W. Boothman
  658 F.2d 759· 10th Cir.· 1981-09-02 ·cited 4×
  The court held that the district court did not err in denying the motion for leave to file an out-of-time notice of appeal.
• Bond v. W. Auto Supply Co.
  654 F.2d 302· 5th Cir.· 1981-08-13 ·cited 4×
  The court held that it lacks discretion to permit late filing of an appeal when the Federal Rules of Appellate Procedure have not been followed.
• Sternberg v. Barnett Bank OF Fort Lauderdale
  400 So. 2d 200· Fla. 4th DCA· 1981-07-01 ·cited 4×
• J. I. Hass Co., Inc. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  648 F.2d 190· 3d Cir.· 1981-05-07 ·cited 4×
  The Commission has jurisdiction to consider a late notice of contest under Federal Rule of Civil Procedure 60(b), even if the citations were technically 'received' by an employee who did not inform management.
• Beals v. Merit Sys. Prot. Bd.
  636 F.2d 169· 7th Cir.· 1980-11-14 ·cited 4×
  The court held that the Civil Service Reform Act's Savings Clause applied, meaning review of the discharge was governed by prior law, not the new Act's jurisdictional requirements.
• Lincoln Am. Life INS. Co. v. Parris
  390 So. 2d 148· Fla. 1st DCA· 1980-11-13 ·cited 4×
  Lincoln American Life Insurance Co. appeals from a trial court's denial of its motion to set aside a default judgment entered when the company's answer was signed by an out-of-state attorney not admitted to practice in Florida. The appellate court reversed, finding the default re
• Hardin v. Archibald Wilkinson and Gwendolyn J. Wilkinson
  371 So. 2d 585· Fla. 1st DCA· 1979-06-06 ·cited 4×
  The estate's personal representative appeals a post-judgment order that improperly amended a 1975 final judgment by extending the deadline for payment and granting relief to defendants who failed to comply with the original judgment's terms. The court holds that once a final judg
• Augusten Bono and Dorothy Bono v. Dubree
  350 So. 2d 26· Fla. 4th DCA· 1977-09-20 ·cited 4×
• Flynt v. Flynt
  336 So. 2d 690· Fla. 4th DCA· 1976-08-31 ·cited 4×
  Wife appeals an interlocutory order denying her motion to set aside a default judgment in a dissolution of marriage case. The appellate court reversed and remanded for a proper evidentiary hearing on the motion to vacate, finding the trial court failed to adequately consider the
• O'Country v. Town Sandwich Shop
  332 So. 2d 648· Fla. 3d DCA· 1976-05-25 ·cited 4×
  The appellate court affirmed the trial court's decision, finding no abuse of discretion in denying the defendant's motion for relief from judgment. The defendant's attorney's failure to appear for trial and alleged mistake about the trial date did not constitute excusable neglect
• In re Est. of Anthony Benjamin Raso
  332 So. 2d 78· Fla. 4th DCA· 1976-05-14 ·cited 4×
  The court held that the trial court abused its discretion in denying the motion to vacate the default judgment because the appellant properly alleged excusable neglect and a meritorious defense.
• Garza v. United States
  530 F.2d 1208· 5th Cir.· 1976-04-30 ·cited 4×
  The court held that the petitioner's claims were frivolous and that the denial of his § 2255 relief was proper, allowing an out-of-time appeal.
• Cal-U-Sonic v. Metric Sys. Corp.
  330 So. 2d 63· Fla. 1st DCA· 1976-04-05 ·cited 4×
  Defendants appealed an order denying their motion to set aside a default judgment entered against them by the trial court. The court affirmed the trial court's discretionary decision to deny the motion, finding that defendants were dilatory in filing the motion and supporting doc
• United States v. Lewis
  522 F.2d 1367· 5th Cir.· 1975-10-29 ·cited 4×
  The court held that the district court's dismissal of the appeal for lack of excusable neglect could not be reviewed without specific findings, thus requiring remand.
• Fulvio Babich v. Clower
  528 F.2d 293· 4th Cir.· 1975-09-22 ·cited 4×
  The court held that the district court erred in refusing to grant an extension of time to file a notice of appeal, finding the failure to file timely was due to excusable neglect.
• Morin v. United States
  522 F.2d 8· 4th Cir.· 1975-08-07 ·cited 4×
  The court held that one appeal was untimely and thus dismissed, while other claims were remanded for further consideration.
• Knight v. Gainer
  310 So. 2d 58· Fla. 1st DCA· 1975-03-31 ·cited 4×
• The Gov't OF the Canal Zone v. Monty Maurice McCLELLAND
  506 F.2d 433· 5th Cir.· 1974-12-26 ·cited 4×
  The court held that the district court must first determine if the appellant's late filing of the notice of appeal was due to excusable neglect.
• Scott v. Seabreeze Pools, Inc.
  300 So. 2d 279· Fla. 4th DCA· 1974-09-13 ·cited 4×
  Appellant Scott sued Seabreeze Pools for payment for goods sold and delivered. The trial court dismissed the case with prejudice when Scott failed to appear for trial, and subsequently denied his Rule 1.540 motion for relief from judgment. The appellate court affirmed, finding no
• Bates v. The Keyes Co.
  261 So. 2d 549· Fla. 3d DCA· 1972-05-09 ·cited 4×
  Dorothy Bates appealed from a default judgment entered against her in a breach of exclusive listing agreement dispute. The appellate court reversed, holding that the trial court abused its discretion by refusing to vacate the default where the defendant demonstrated excusable neg