Excusable Neglect

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

• Lacie Shewmaker v. Shewmaker
  283 So. 3d 894· Fla. 2d DCA· 2019-11-01 ·cited 2×
  In family law cases involving minor children, a court cannot enter a default final judgment on parenting and child support without affording the defaulting parent an opportunity to present evidence, regardless of whether the parent has alleged meritorious defenses.
• Word v. U.S. Commodity Futures Trading Comm'n
  924 F.3d 1363· 11th Cir.· 2019-05-23 ·cited 2×
  The Eleventh Circuit held that the bond requirement under 7 U.S.C. § 18(e) for appealing a CFTC reparation order is jurisdictional. Failure to post the bond renders the petition for review ineffective.
• Santos v. HSBC Bank USA
  258 So. 3d 535· Fla. 3d DCA· 2018-10-31 ·cited 2×
  An appellate court lacks jurisdiction to review a trial court's ruling on a post-notice-of-appeal motion unless the appellant files a separate notice of appeal or amends the prior notice of appeal to include that ruling. The foreclosure judgment was properly entered where the cas
• Prof'l Golf Global Grp. v. Huynh
  251 So. 3d 1038· Fla. 2d DCA· 2018-08-03 ·cited 2×
  A trial court abuses its discretion by denying a motion to vacate a default judgment when the defendant demonstrates excusable neglect, raises meritorious defenses, and acts with due diligence in seeking relief. Here, the defendants' timely letter requesting additional time to re
• Bigelow v. Ritsema
  289 So. 3d 550· Fla. 5th DCA· 2017-09-26 ·cited 2×
  In this paternity action, the Florida District Court of Appeal affirmed the trial court's denial of a motion to set aside a final judgment, but vacated an amended final judgment that the trial court entered ten months after the original judgment. The court held that trial courts
• Lesinski v. S. Fla. Water Mgmt. Dist.
  226 So. 3d 964· Fla. 4th DCA· 2017-09-06 ·cited 2×
  Plaintiff appeals the denial of his motion to vacate a case dismissal for lack of prosecution, arguing excusable neglect. The Fourth District Court of Appeal affirmed the dismissal, holding that Rule 1.420(e)'s bright-line deadlines cannot be circumvented by invoking excusable ne
• In re Amendments to the Florida Probate Rules
  199 So. 3d 835· Fla.· 2016-09-01 ·cited 2×
  The Florida Supreme Court adopted amendments to the Florida Probate Rules, primarily clarifying notice procedures, service of documents, discovery rules, fiduciary accounting requirements, and guardian accounting standards. The Court made minor revisions to proposed amendments re
• C.V. Alexander, Jr. v. Quail Pointe II Condo.
  170 So. 3d 817· Fla. 5th DCA· 2015-03-06 ·cited 2×
  Alexander challenged a judgment confirming a nonbinding arbitration award, arguing the agreed order referring the case to arbitration failed to comply with the mandatory form order adopted by the Seventh Judicial Circuit and that his counsel's lack of familiarity with arbitration
• Mulligan v. State Farm Fla. Ins. Co.
  127 So. 3d 852· Fla. 4th DCA· 2013-12-04 ·cited 2×
  Deborah Mulligan appealed the dismissal of her insurance complaint against State Farm on statute of limitations grounds. The trial court granted State Farm's motion to dismiss with prejudice despite Mulligan's counsel failing to appear at the hearing. The appellate court affirmed
• Pullis v. Pullis
  118 So. 3d 937· Fla. 3d DCA· 2013-08-07 ·cited 2×
  Shannon Pullis appeals from a trial court order granting her ex-husband the right to claim their child as a dependent on tax returns, denying her motion for reconsideration of a child support order, and awarding him attorney's fees. The appellate court reversed, finding that the
• Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C.
  79 So. 3d 67· Fla. 1st DCA· 2011-12-02 ·cited 2×
  The court held that the subcontractor's single attempt to serve Twin Oaks at its listed address, despite knowledge of its new location, did not constitute reasonable diligence, rendering the default judgment void.
• Nat'l City Bank v. Accent Mktg. Assocs., LLC
  82 So. 3d 1060· Fla. 4th DCA· 2011-11-02 ·cited 2×
  National City Bank appeals a trial court's denial of its motion to reconsider a default judgment on the grounds that it was denied due process to contest unliquidated damages. The Fourth District reverses, holding that the appellate court's prior reversal on the excusable neglect
• Denker v. Denker
  60 So. 3d 1104· Fla. 4th DCA· 2011-05-04 ·cited 2×
  A former wife appeals a final custody modification order entered after she failed to appear at the final hearing, despite receiving notice. The Fourth District affirmed, holding that while custody cases ordinarily require hearing from all parties, a parent who fails to appear wit
• Jacobson v. Sklaire
  50 So. 3d 1· Fla. 3d DCA· 2010-05-12 ·cited 2×
  Co-trustees appealed a trial court order denying their motion to vacate a judgment under Florida Rule of Civil Procedure 1.540. The appellate court reversed, finding that the trial court abused its discretion because the co-trustees reasonably relied on a replacement order filed
• Rice v. Sheriff Roy Raymond
  17 So. 3d 1284· Fla. 4th DCA· 2009-10-07 ·cited 2×
  A trial court entered a default forfeiture judgment against Jason Todd Rice for failure to appear at a docket call, but the Fourth District reversed because the court did not provide notice of its intent to default and the failure to appear was not willful—Rice was incarcerated a
• Pierce Hardy Ltd. P'ship v. Harrison Bros. Contracting, LLC
  13 So. 3d 175· Fla. 5th DCA· 2009-06-12 ·cited 2×
  Pierce Hardy Limited Partnership appealed the trial court's denial of its motion to set aside a default judgment entered by the clerk. The appellate court reversed, finding that Pierce Hardy established excusable neglect, a meritorious defense, and due diligence warranting relief
• Yileymi Suarez v. State
  8 So. 3d 1226· Fla. 3d DCA· 2009-04-29 ·cited 2×
  The court held that while a motion for extension of time for a postconviction relief motion can be filed after the deadline, it requires a showing of both good cause and excusable neglect.
• Taylor v. Vitetta
  8 So. 3d 1216· Fla. 4th DCA· 2009-04-29 ·cited 2×
  The court held that the defendants demonstrated excusable neglect, a meritorious defense, and due diligence, thus meeting the burden to set aside the default judgments.
• de Vico v. Berkell
  976 So. 2d 646· Fla. 3d DCA· 2008-03-12 ·cited 2×
  The trial court abused its discretion by finding no excusable neglect when the personal representative of the estate was inexperienced and unaware of the probate proceedings, and counsel acted promptly upon discovery.
• Howland v. Schrager
  964 So. 2d 751· Fla. 4th DCA· 2007-08-22 ·cited 2×
• Banco Latino (S.A.C.A.) v. Avtek Electronica
  961 So. 2d 1024· Fla. 3d DCA· 2007-07-18 ·cited 2×
  Banco Latino sought review of a lower court order denying its motion for enlargement of time to effect service of process on defendants in a collection action on promissory notes. The Third District Court of Appeal granted the petition for writ of certiorari and quashed the order
• McMURRER v. Marion Cnty.
  936 So. 2d 19· Fla. 5th DCA· 2006-06-16 ·cited 2×
  In an eminent domain case, landowners appealed the trial court's reinstatement of a quick-take order after the county failed to deposit the required good-faith estimate within the statutory 20-day deadline. The appellate court reversed, holding that the trial court lacked authori
• Bowe v. McDonald's & United Self Insured Servs.
  933 So. 2d 71· Fla. 1st DCA· 2006-05-25 ·cited 2×
• Certified Marine Expeditions v. Freeport Shipbuilding, Inc.
  914 So. 2d 983· Fla. 1st DCA· 2005-09-23 ·cited 2×
  Certified Marine Expeditions obtained an arbitration award and sought attorneys' fees and costs. The trial court awarded costs but denied fees because the motion lacked expert testimony support. The appellate court affirmed the denial of fees but reversed the cost award because t
• Melton Mgmt., Inc. v. Krott-Shaughnessy
  872 So. 2d 320· Fla. 4th DCA· 2004-04-14 ·cited 2×
  Melton Management, Inc. appeals the trial court's denial of its motion to tax costs and abate proceedings after the plaintiff voluntarily dismissed her initial personal injury action and refiled it a year later. The court affirmed, holding that Melton's intentional failure to fil
• White v. Bombardier Corp.
  313 F. Supp. 2d 1295· N.D. Fla.· 2004-03-19 ·cited 2×
  The court held that the removing defendants failed to establish a basis for removal without the consent of a co-defendant against whom a default had been entered, as they did not demonstrate diligent efforts to obtain that consent.
• Oglesby-Dorminey v. Lucy Ho's Restaurant/Lucy Ho's Bamboo Garden, Inc.
  815 So. 2d 749· Fla. 1st DCA· 2002-05-07 ·cited 2×
  Oglesby-Dorminey and Crawford appeal judgments against them following personal injury suits arising from an accident at Lucy Ho's Restaurant. The court reversed the judgment against Oglesby-Dorminey regarding attorney's fees and costs awarded to Gemini Electrical Service, finding
• Green Solutions Int'l, Inc. v. Gilligan
  807 So. 2d 693· Fla. 5th DCA· 2002-01-18 ·cited 2×
  Green Solutions International appealed a default judgment and summary judgment entered in favor of Patrick Gilligan in an interpleader dispute over escrowed stock. The court reversed, holding that a letter from GSI's counsel expressing intent to defend constituted a "paper" under
• Moriarty v. State
  779 So. 2d 657· Fla. 5th DCA· 2001-03-16 ·cited 2×
• Kendall Country Est., Inc. v. Pierson
  826 So. 2d 1002· Fla. 3d DCA· 2001-01-10 ·cited 2×
  Kendall Country Estate appeals the trial court's order striking its motion for attorney's fees as untimely. The court held that under Florida Rule of Civil Procedure 1.442(g), a motion for attorney's fees must be filed within 30 days of the verdict, not the final judgment, and th
• Polygram Latino U.S. v. Crysell Torres
  751 So. 2d 90· Fla. 3d DCA· 1999-12-29 ·cited 2×
  The court held that the trial court abused its discretion by setting aside a default judgment based on an unverified motion lacking evidence, especially when contrary evidence existed.
• Walker v. Boyce
  734 So. 2d 578· Fla. 3d DCA· 1999-06-16 ·cited 2×
• In re Amendments to the Florida Rules of Juvenile Procedure
  725 So. 2d 296· Fla.· 1998-09-18 ·cited 2×
  The Florida Supreme Court adopted emergency amendments to the Florida Rules of Juvenile Procedure to conform to substantive changes in Chapter 39, Florida Statutes, effective October 1, 1998. The amendments updated rules governing dependency, termination of parental rights, and r
• Mummery v. ST. Augustine Humane Soc'y, Inc.
  711 So. 2d 242· Fla. 5th DCA· 1998-05-29 ·cited 2×
  Appellants sued the St. Augustine Humane Society after their son was bitten by a dog that the Humane Society had placed in quarantine and then released. The trial court granted summary judgment in favor the Humane Society, and the appellate court affirmed, finding that appellants
• Paterno v. Hatton
  687 So. 2d 18· Fla. 3d DCA· 1996-12-11 ·cited 2×
• Schneider v. Schneider
  683 So. 2d 187· Fla. 4th DCA· 1996-11-20 ·cited 2×
  The court held that the former wife demonstrated excusable neglect, a meritorious defense, and due diligence, entitling her to relief from the final judgment.
• Winn Dixie Stores & Crawford & Co. v. Lang
  673 So. 2d 497· Fla. 1st DCA· 1996-04-16 ·cited 2×
  Winn Dixie Stores and Crawford & Company appeal a workers' compensation order awarding ongoing medical benefits for the claimant's diabetic condition. The court reverses in part, finding that the judge's sanction of striking the employer/carrier's defenses regarding the diabetes
• Camerota v. Kaufman
  666 So. 2d 1042· Fla. 4th DCA· 1996-01-31 ·cited 2×
  Camerota appeals from a default judgment entered after she failed to respond to an amended complaint and failed to appear at a status conference. The court reverses and remands because Camerota's unrebutted affidavits created a factual issue about whether she received notice of t
• Heller v. Geneco, Inc.
  661 So. 2d 950· Fla. 4th DCA· 1995-10-25 ·cited 2×
  The court held that the trial court erred in denying the appellant's motion to vacate the summary judgment based on excusable neglect.
• Zbin v. Parker
  647 So. 2d 886· Fla. 4th DCA· 1994-11-09 ·cited 2×
  Appellant Daniel Zbin appeals the dismissal of his legal malpractice claim for lack of prosecution. The trial court improperly dismissed the action despite having entered a stay order abating the claim pending probate court determination, and the dismissal was further tainted by
• Rupert Williams v. Adams
  636 So. 2d 191· Fla. 3d DCA· 1994-05-03 ·cited 2×
  Williams and Top Brands Marketing appealed from a default judgment entered against them. The court reversed the default, finding that Williams and the corporation did not receive notice of Adams's application for default, which entitled them to relief without needing to show excu
• Ryder Truck Rental, Inc. v. Patterson
  633 So. 2d 539· Fla. 2d DCA· 1994-03-11 ·cited 2×
  Ryder Truck Rental appealed the trial court's denial of its motion to set aside a default judgment entered due to clerical error in failing to answer. The appellate court reversed, holding that Ryder satisfied all three requirements for setting aside a default and that the trial
• Burger King Corp. v. Rudge
  630 So. 2d 632· Fla. 4th DCA· 1994-01-12 ·cited 2×
• Sawka v. Healtheast, Inc.
  989 F.2d 138· 3d Cir.· 1993-03-26 ·cited 2×
  A district court lacks jurisdiction to enforce a settlement agreement that was not incorporated into its order or judgment, absent an explicit retention of jurisdiction. However, a motion to reinstate a case dismissed by settlement is subject to Federal Rule of Civil Procedure 60
• Lackey v. Atl. Richfield Co.
  983 F.2d 620· 5th Cir.· 1993-01-29 ·cited 2×
  The Fifth Circuit held that the district court improperly retained jurisdiction over a Jones Act case because such cases are non-removable and the court's inquiry is limited to the pleadings, not the merits, absent a finding of fraud.
• CJC Holdings, Inc. v. Wright & Lato, Inc.
  979 F.2d 60· 5th Cir.· 1992-12-15 ·cited 2×
  The court affirmed the denial of the motion to set aside the default judgment but vacated the award of attorneys' fees, remanding for further proceedings.
• United States v. Deutsch
  981 F.2d 299· 7th Cir.· 1992-12-09 ·cited 2×
  The court held that a motion for reconsideration filed over two years after the judgment was untimely under Federal Rule of Civil Procedure 60(b), depriving the district court of jurisdiction.
• Nichols v. Hepworth
  604 So. 2d 574· Fla. 4th DCA· 1992-09-09 ·cited 2×
  The Nichols appealed from an order denying their motion to vacate a summary judgment in a mortgage foreclosure case. The trial court erred in finding it lacked jurisdiction to consider a second Rule 1.540(b) motion to set aside an earlier order, where the first motion sought reli
• Gen. Elec. Co. v. Lehnen
  974 F.2d 66· 8th Cir.· 1992-09-01 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the summary judgment based on excusable neglect.
• Florida West Coast Railroad v. Maxwell
  601 So. 2d 298· Fla. 1st DCA· 1992-06-23 ·cited 2×
  The court held that the trial court erred in denying the motion to set aside a clerk's default solely on the basis of excusable neglect.