Excusable Neglect

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

• Imogene C. Barnes v. Lauro F. Cavazos
  966 F.2d 1056· 6th Cir.· 1992-06-05 ·cited 2×
  The court held that the off-the-top allocation method for Chapter 1 funds, used to pay for mobile vans to serve private school students, did not violate the Establishment Clause because the disparity in expenditures was not grossly disproportionate and was necessary to provide co
• Alsobrook v. State
  600 So. 2d 1173· Fla. 1st DCA· 1992-05-20 ·cited 2×
  The Commission abused its discretion by excluding medical depositions due to non-compliance with its '10 day rule' without sufficient justification.
• Nelson v. City Colleges OF Chicago
  962 F.2d 754· 7th Cir.· 1992-05-13 ·cited 2×
  The court held that a client's failure to monitor litigation and demonstrate diligence prevents relief under Rule 60(b), even if former counsel was grossly negligent.
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• In re Harlow FAY, Inc. v. Fed. Land Bank OF ST. Louis
  951 F.2d 175· 8th Cir.· 1991-12-17 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the bankruptcy appeal for failure to timely file a brief, as the debtor failed to establish excusable neglect.
• Carr v. Butler
  590 So. 2d 508· Fla. 4th DCA· 1991-12-04 ·cited 2×
  A clerk's default is inappropriate when a party has filed previous documents, even if not timely responsive to a specific pleading.
• Mendoza v. Merit Sys. Prot. Bd.
  949 F.2d 391· Fed. Cir.· 1991-11-18 ·cited 2×
  The court held that the Merit Systems Protection Board (MSPB) abused its discretion by dismissing the appeal as untimely without considering the appellant's stated reasons for the delay.
• Nichi Aki Senjuro v. Dr. Murray
  943 F.2d 36· 10th Cir.· 1991-08-28 ·cited 2×
  The court held that it lacked jurisdiction to consider the appeal because the notice of appeal was untimely and no valid extension was sought.
• Bartunek v. Gary Bubak, M.D.
  941 F.2d 726· 8th Cir.· 1991-08-22 ·cited 2×
  The court held that the district court improperly granted an extension of time to file a notice of appeal ex parte and applied the wrong standard, requiring remand for reconsideration.
• United States v. Detrich
  940 F.2d 37· 2d Cir.· 1991-07-29 ·cited 2×
  The court held that a pro se motion filed under former Fed.R.Crim.P. 35(a) could be treated as a motion under 28 U.S.C. § 2255, rendering the notice of appeal timely and affirming the mandatory minimum sentence under 21 U.S.C. § 960(b)(2).
• In re Analytical Sys., Inc. v. Dilkes
  933 F.2d 939· 11th Cir.· 1991-06-17 ·cited 2×
  The court held that a spouse's reliance on the other spouse's representations regarding a debt, even if a breach of marital duty, does not constitute excusable neglect for filing a late proof of claim in bankruptcy.
• Miller v. Dep't OF the Treas.
  934 F.2d 1161· 10th Cir.· 1991-06-03 ·cited 2×
  The court held that the district court abused its discretion by granting summary judgment based solely on a local rule deeming a motion confessed due to a lack of response, without considering prejudice, interference, or culpability.
• Hewlett-Packard Co. v. Olympus Corp.
  931 F.2d 1551· Fed. Cir.· 1991-05-02 ·cited 2×
  The court held that the Trademark Trial and Appeal Board did not abuse its discretion in dismissing Hewlett-Packard's opposition for failure to prosecute, as Hewlett-Packard did not demonstrate excusable neglect or good and sufficient cause for its delay.
• Amernational Indus., Inc. v. Action-Tungsram, Inc.
  925 F.2d 970· 6th Cir.· 1991-02-14 ·cited 2×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment, considering the factors of prejudice, meritorious defense, and culpable conduct.
• Robinson v. City OF Tampa
  573 So. 2d 1024· Fla. 2d DCA· 1991-02-01 ·cited 2×
  Mrs. Robinson appeals the trial court's denial of her motion for relief from a foreclosure judgment, arguing excusable neglect based on an inconvenient hearing time. The court affirms, holding that a litigant's failure to attend a properly noticed hearing due to scheduling inconv
• Boudette v. Barnette
  923 F.2d 754· 9th Cir.· 1991-01-22 ·cited 2×
  The court held that a plaintiff proceeding in forma pauperis must request service by a U.S. Marshal, and failure to do so, coupled with unreasonable reliance on government notification, does not constitute good cause for untimely service.
• In re Raynor v. Raynor
  922 F.2d 1146· 4th Cir.· 1991-01-10 ·cited 2×
  The dissenting judge believes the North Carolina judgment, based on fraud, should be recognized by the bankruptcy court, making the debt non-dischargeable.
• United States v. Lewis
  921 F.2d 563· 5th Cir.· 1991-01-04 ·cited 2×
  A re-entered order with a minor date correction does not extend the time for filing a notice of appeal or a motion for an extension of time.
• Ramseur v. Beyer
  921 F.2d 504· 3d Cir.· 1990-12-28 ·cited 2×
  The court held that the district court abused its discretion by denying the motion for an extension to file a notice of appeal, as the delay in filing constituted excusable neglect.
• DeCARLO v. Hubbard
  571 So. 2d 82· Fla. 4th DCA· 1990-12-12 ·cited 2×
  The court affirmed the trial court's denial of a motion to vacate a default, holding that the appellants' affidavit failed to allege sufficient ultimate facts to establish excusable neglect for missing a responsive pleading deadline.
• Skyywalker Records, Inc. v. Navarro
  742 F. Supp. 638· S.D. Fla.· 1990-07-31 ·cited 2×
  The court granted defendant's motion for enlargement of time to file costs, allowed partial costs for defendant, granted plaintiff's costs in full, and awarded attorneys' fees to plaintiff with enhancements.
• Hader v. Am. Builders & Contractors Co., Inc.
  564 So. 2d 271· Fla. 4th DCA· 1990-07-25 ·cited 2×
  The court held that the trial court erred in refusing to set aside the default judgment because excusable neglect was demonstrated.
• Jean-Mary Jorel v. Prestressed Sys. & Liberty Mut.
  564 So. 2d 571· Fla. 1st DCA· 1990-07-19 ·cited 2×
  The court addressed whether a Judge of Compensation Claims (JCC) had jurisdiction to extend the deadline for filing a petition for insolvency and attorney's certification. The appellate court determined the JCC retains jurisdiction to grant such extensions upon a showing of good
• Dorthea Kaye Minnillo Neidermiller v. Amlong & Amlong, P.A.
  563 So. 2d 758· Fla. 4th DCA· 1990-06-13 ·cited 2×
  The Fourth District Court of Appeal affirmed the trial court's denial of a motion to vacate a default judgment foreclosing a charging lien held by an attorney firm. The court held that the appellant's challenge came too late, as she failed to object to the establishment of the ch
• Stempler v. Larimore (In Re Fla. Airlines
  110 B.R. 570· M.D. Fla.· 1990-01-30 ·cited 2×
  The court held that the appellant, as president of the debtor-in-possession, was a 'professional person' requiring prior court authorization for compensation and that unpaid aircraft lease payments were not in the ordinary course of business.
• Camp v. Morey (In Re Gov't Sec. Corp.)
  107 B.R. 1012· S.D. Fla.· 1989-12-12 ·cited 2×
  The district court held that the bankruptcy court erred in allowing a late claim because the notice provided by the trustee was adequate under SIPA, and the evidence of non-receipt was insufficient and inadmissible hearsay.
• Myles v. Henry Lucius Laffitte, M.D.
  881 F.2d 125· 4th Cir.· 1989-08-03 ·cited 2×
  The court held that the defendants' failure to file their petition for permission to appeal within the ten-day statutory period deprived the appellate court of jurisdiction.
• Peerless Ins. Co. v. Guignardi
  547 So. 2d 230· Fla. 4th DCA· 1989-07-12 ·cited 2×
  Peerless Insurance Company appeals the trial court's denial of its motion to vacate a default judgment entered against it in a negligent hiring lawsuit. The appellate court reversed, holding that Peerless demonstrated excusable neglect by reasonably relying on the defendant Ratne
• Pratt v. D.J. McCARTHY
  878 F.2d 331· 9th Cir.· 1989-07-07 ·cited 2×
  The court held that its prior decision does not conflict with Houser because the rules and standards for excusable neglect differ between civil and criminal appeals.
• Jackson v. Ayne B. Jackson
  542 So. 2d 481· Fla. 2d DCA· 1989-05-05 ·cited 2×
  The court held that the husband's reliance on a mediation/arbitration agreement and the wife's assurances constituted excusable neglect, warranting vacation of the default.
• Diogenes D'Alacio v. Intercontinental Bank
  541 So. 2d 1290· Fla. 3d DCA· 1989-04-11 ·cited 2×
  The court found that a default judgment was unfairly entered without giving the appellant an opportunity to correct a deficient pleading, even though the pleading itself was technically improper.
• In re Donovan v. Donovan
  871 F.2d 807· 9th Cir.· 1989-03-21 ·cited 2×
  The BAP abused its discretion by dismissing the appeal without considering alternative sanctions or the relative culpability of the appellant and counsel.
• Mishael Maduakolam v. Columbia Univ.
  866 F.2d 53· 2d Cir.· 1989-01-23 ·cited 2×
  The court held that the plaintiff's motion to reopen his case was untimely under Fed.R.Civ.P. 60(b)(1), but that attorney's fees under Fed.R.Civ.P. 11 were not warranted given the circumstances.
• Kron v. Barker
  536 So. 2d 383· Fla. 5th DCA· 1989-01-05 ·cited 2×
  In this appeal, Kron challenges a default judgment entered against him after he repeatedly failed to comply with discovery orders and court-ordered depositions and conferences. The District Court of Appeal affirmed the trial court's decision, finding that Kron's claimed excusable
• DeRANGO v. United States
  864 F.2d 520· 7th Cir.· 1988-12-21 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to vacate and reissue its order, as the appellants failed to provide a sufficient basis for relief under Fed.R.Civ.P. 60(b) beyond mere non-receipt of notice.
• In re A.H. Robins Co.
  862 F.2d 1092· 4th Cir.· 1988-12-08 ·cited 2×
  The court held that the district court did not err in disallowing claims for failure to timely file the required questionnaire, as it was an essential part of the proof of claim.
• Foxbridge, Inc. v. Tartan-Laver Delray, Inc.
  528 So. 2d 1255· Fla. 4th DCA· 1988-07-20 ·cited 2×
  The court held that the trial judge abused discretion by refusing to set aside a default judgment against a garnishee who lacked actual notice and alleged excusable neglect and a meritorious defense.
• Fletcher Thomas Mann v. Lynaugh
  840 F.2d 1194· 5th Cir.· 1988-03-15 ·cited 2×
  The court held that the appellant's notice of appeal was untimely filed, and therefore, the court lacks jurisdiction to hear the appeal.
• Erling Knud Ove Hansen, Jr. v. A.M. "Tony" Fontana
  517 So. 2d 714· Fla. 1st DCA· 1987-12-10 ·cited 2×
  Hansen appealed the denial of his habeas corpus petition challenging his 1983 parole revocation. The court affirmed the denial of most grounds but reversed the dismissal of constitutional challenges to the parole revocation statutes and the parole commission's authority, finding
• H.R. Ambrose Tessmer v. Walker
  833 F.2d 925· 11th Cir.· 1987-12-07 ·cited 2×
  The district court should have vacated and reentered its judgment to restart the period for filing a notice of appeal because the clerk's misinformation, combined with counsel's diligent inquiries and prompt filing of a Rule 60(b) motion, constituted exceptional circumstances jus
• Anthony Abraham Leasing, Inc. v. Developers OF Am. Corp.
  506 So. 2d 59· Fla. 3d DCA· 1987-04-28 ·cited 2×
• Park Corp. v. Lexington Ins. Co.
  812 F.2d 894· 4th Cir.· 1987-03-03 ·cited 2×
  A party seeking Rule 60(b) relief for excusable neglect must demonstrate reasonable internal controls for processing legal documents, not just an unexplained loss.
• Prior Prods., Inc. v. Sw. Wheel-Ncl Co.
  805 F.2d 543· 5th Cir.· 1986-12-08 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion for relief from an order closing a case, as the movant failed to demonstrate sufficient grounds for relief.
• Johnson's v. Pitchford
  496 So. 2d 951· Fla. 1st DCA· 1986-10-29 ·cited 2×
  Howard Johnson's and Aetna Life & Casualty appealed a workers' compensation order granting temporary total disability and medical benefits to an employee who suffered a heart attack at work, arguing the carrier should be excused from the default judgment due to failure to receive
• Carrier Corp. v. Mid Corp. (In Re Daikin Miami Overseas
  65 B.R. 396· S.D. Fla.· 1986-07-18 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in denying Carrier's motion to vacate the default judgment, as Carrier failed to demonstrate excusable neglect or a meritorious defense.
• Whack v. Seminole Mem'l Hosp., Inc.
  487 So. 2d 1091· Fla. 5th DCA· 1986-03-20 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion for leave to file late answers to requests for admissions, and therefore affirmed the summary judgment.
• Anderson v. Watson
  475 So. 2d 1315· Fla. 2d DCA· 1985-09-25 ·cited 2×
  Florida appellate court reversed trial court's order expunging "with prejudice" from a voluntary dismissal, holding that once a dismissal with prejudice is filed, the trial court loses jurisdiction to modify it even for secretarial error.
• Joseph C. Doane, M.D. v. O'Donnell
  467 So. 2d 424· Fla. 4th DCA· 1985-04-10 ·cited 2×
• Quintin v. The United States
  746 F.2d 1452· Fed. Cir.· 1984-10-10 ·cited 2×
  The Court of International Trade abused its discretion by granting an extension of time to file a notice of appeal without sufficient grounds.
• Lawton GAY v. Moreland
  450 So. 2d 1270· Fla. 5th DCA· 1984-06-14 ·cited 2×
  In this civil forfeiture appeal, the court reversed a default forfeiture judgment against appellant Gay's vehicle, finding both excusable neglect for his failure to respond to forfeiture proceedings and a procedural defect in that he was never served with an actual rule to show c