Excusable Neglect

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

• Jerry's Pizza King Int'l, Inc. v. Peoples Acceptance Corp.
  435 So. 2d 393· Fla. 5th DCA· 1983-07-28 ·cited 2×
  Florida appellate court reversed denial of motion to vacate default judgment, holding that trial court must determine whether excusable neglect exists when a meritorious defense is shown.
• Nasrallah v. Scheuermann
  424 So. 2d 974· Fla. 4th DCA· 1983-01-12 ·cited 2×
  The court affirmed the trial court's decision to set aside the default against Aetna Casualty & Surety Company based on excusable neglect, but reversed as to Lydia Nasrallah and remanded for her to demonstrate excusable neglect for failing to respond to the complaint.
• Aacon Auto Transp., Inc. v. Abbit
  423 So. 2d 637· Fla. 4th DCA· 1982-12-29 ·cited 2×
• Dillon v. Mach. Wholesalers Corp.
  414 So. 2d 1094· Fla. 3d DCA· 1982-05-11 ·cited 2×
• Bags BY Ande, Inc. v. Schilling
  406 So. 2d 536· Fla. 4th DCA· 1981-11-12 ·cited 2×
  Bags by Ande, Inc. appeals a trial court's order vacating a default judgment against H. William Schilling for unpaid merchandise. The Fourth District Court of Appeal reverses, holding that the trial court erred in vacating the judgment without finding that the defendant had a mer
• Foley v. United States & Gen. Servs. Admin.
  645 F.2d 155· 2d Cir.· 1981-03-31 ·cited 2×
  The court held that the district court abused its discretion in denying the motion to vacate the dismissal, finding the plaintiffs' delay to be excusable neglect.
• Richardson v. State
  389 So. 2d 1099· Fla. 1st DCA· 1980-11-07 ·cited 2×
  Appellant sought to set aside a default judgment in a paternity action, claiming excusable neglect and a meritorious defense based on the statute of limitations. The court affirmed the denial of the motion because, although excusable neglect was shown, the statute of limitations
• Wycoff v. Wycoff
  374 So. 2d 614· Fla. 4th DCA· 1979-08-15 ·cited 2×
  Jacqueline Wycoff obtained a default judgment against her ex-husband William Wycoff, private detective Thomas Ewing, and their surety Aetna Casualty & Surety Company for damages from an alleged assault and battery. The trial court granted Aetna's motion to stay execution of the j
• Rudd v. Golden E. Zimmerley
  363 So. 2d 831· Fla. 4th DCA· 1978-09-27 ·cited 2×
  The court held that the default was premature and should be vacated because the appellant received successive summonses that extended the time to plead, and the appellee was estopped from asserting the default.
• Eugene Ctrs. & Dorothy L. Ctrs. v. The Fla. First Nat'l Bank AT Pensacola
  352 So. 2d 162· Fla. 1st DCA· 1977-11-30 ·cited 2×
  The court held that the trial court abused its discretion by not setting aside the default and final order, as the appellants demonstrated a meritorious defense and excusable neglect.
• In re Buckingham Super Mkts.
  534 F.2d 976· D.C. Cir.· 1976-04-13 ·cited 2×
  The court held that an order granting an extension of time to appeal can be entered after the initial appeal period has expired, provided the motion for extension was filed within that period.
• Giordano v. City OF Boynton Beach
  320 So. 2d 411· Fla. 4th DCA· 1975-08-08 ·cited 2×
  Giordano appeals the circuit court's dismissal of his certiorari petition for failure to prosecute. The court affirms the dismissal, holding that the circuit court properly applied procedural rules requiring timely briefing and that Giordano's failure to obtain court orders for t
• United States v. Furey
  500 F.2d 338· 2d Cir.· 1974-07-02 ·cited 2×
  The court held that the Eastern District's Plan for Prompt Disposition of Criminal Cases applies to juvenile delinquency proceedings and that the six-month speedy trial period begins from the date of arrest, not the date of consent to juvenile proceedings. The court vacated the j
• Holley v. Capps
  475 F.2d 232· 5th Cir.· 1973-03-14 ·cited 2×
  The attempted appeal was not timely taken because the notice of appeal and certificate of probable cause were filed outside the prescribed time limits under Federal Rules of Appellate Procedure 4(a).
• Sixto Torres v. S. S. Pierce Co.
  471 F.2d 473· 9th Cir.· 1972-12-29 ·cited 2×
  The court held that the plaintiffs' counsel's failure to secure a formal extension for answering interrogatories constituted excusable neglect, given the circumstances.
• Hoskins v. United States
  462 F.2d 271· 3d Cir.· 1972-06-12 ·cited 2×
  The court held that while the defendant was not explicitly informed of his right to appeal at sentencing, prior notification at trial, coupled with the brief interval and clear record, satisfied the spirit of Rule 32(a)(2), thus denying a resentencing.
• Cherry v. McCLELLAN
  244 So. 2d 168· Fla. 2d DCA· 1971-02-12 ·cited 2×
• Cartwright v. United States
  410 F.2d 122· 6th Cir.· 1969-05-07 ·cited 2×
  The court held that the district court should have held a hearing to determine if the defendant requested his attorney to file an appeal.
• Phelps v. United States
  373 F.2d 194· 10th Cir.· 1967-02-06 ·cited 2×
  The court held that the appeal was untimely and therefore dismissed for lack of jurisdiction, as the appellant failed to demonstrate any valid reason for the delay.
• Santana v. United States
  385 U.S. 848· U.S.· 1966-10-10 ·cited 2×
• Calland v. United States
  341 F.2d 44· 7th Cir.· 1965-02-04 ·cited 2×
  The court should have considered the defendant's motion as a timely notice of appeal, as his attorney failed to file it despite instructions.
• Neely v. City OF ST. Augustine
  170 So. 2d 291· Fla.· 1964-12-21 ·cited 2×
  The Florida Supreme Court reversed a circuit court's dismissal of criminal appeals from municipal court convictions, holding that a special state law allowing trial de novo appeals from St. Augustine's municipal court was unconstitutional because it violated the state constitutio
• Eugene Wuesthoff Mem'l Hosp. Ass'n v. Sperano
  118 So. 2d 49· Fla. 2d DCA· 1960-02-10 ·cited 2×
  The hospital appeals the trial court's decision to vacate a judgment of involuntary non-suit with prejudice (dismissal) and allow the plaintiff to take a voluntary non-suit without prejudice after the plaintiff failed to appear at trial. The appellate court reverses, holding that
• McABEE v. United States
  261 F.2d 744· D.C. Cir.· 1958-11-13 ·cited 2×
• Norwich Union Fire Ins. Soc'y Ltd. v. Glasser
  224 F.2d 385· 9th Cir.· 1955-07-13 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial, as the appellants' counsel was responsible for introducing the policy in evidence and could not claim excusable neglect.
• Kennedy v. AmGUARD Ins. Co.
  2013 WL 12092257· S.D. Fla.· 2025-01-21 ·cited 1×
  The court recommended granting the defendant's motion to amend its affirmative defenses and denying the plaintiff's motion to amend her complaint and remand the case.
• Zagg Inc. v. TX Trading, Inc.
  2024 WL 3874584· S.D. Fla.· 2024-12-19 ·cited 1×
  The court denied the motion to strike or dismiss Screenya's counterclaims, finding them timely filed and sufficiently pleaded.
• Bixby v. ECP Cap. P'rs, Inc.
  373 So. 3d 899· Fla. 4th DCA· 2023-11-01 ·cited 1×
  The appellate court reversed a lower court's order denying a motion to vacate a dismissal. The lower court had dismissed the plaintiff's case for failing to file an amended complaint within the time allowed after the court granted leave to amend, but the order granting leave to a
• Bridge Golde v. Santana
  Fla. 3d DCA· 2023-08-30 ·cited 1×
  A tenant defending against an eviction action must pay into the court registry the accrued rent alleged in the complaint or as determined by the court, plus all rent accruing during the proceeding, and failure to do so constitutes an absolute waiver of defenses.
• Molbogot v. MarineMax E., Inc.
  S.D. Fla.· 2022-07-11 ·cited 1×
  Molbogot purchased a new boat from MarineMax after a salesman allegedly misrepresented and concealed defects in the generator and trim tabs, including not disclosing that the generator needed a controller replacement before the sale. The court denied both parties' cross-motions f
• Vazquez v. Uooligan Gas Station Convenience Store Inc
  2009 WL 667158· M.D. Fla.· 2020-10-16 ·cited 1×
  The court held that a calendaring error by counsel does not constitute excusable neglect for missing a substantial deadline to file a motion for attorney's fees.
• Boukzam v. Jossi Jugo
  293 So. 3d 8· Fla. 4th DCA· 2020-03-18 ·cited 1×
  A post-judgment order modifying the method of child support payment from direct payment to the mother to payment through the State Disbursement Unit constitutes a modification of the final judgment that requires compliance with the statutory grounds for modification. Such modific
• Madill v. Rivercrest Cmty. Ass'n, Inc.
  273 So. 3d 1157· Fla. 2d DCA· 2019-06-07 ·cited 1×
  Kathleen Madill, the prevailing party in a civil suit, appealed the denial of her motion for an enlargement of time to file a late motion for attorney's fees and costs. The trial court denied the enlargement based on finding no excusable neglect, but the appellate court reversed,
• Redmond v. First Guar. Mortg. Corp.
  268 So. 3d 918· Fla. 5th DCA· 2019-04-12 ·cited 1×
  Eric Redmond appeals the denial of his motion for relief from a foreclosure judgment, arguing he was denied due process due to insufficient notice of the hearing. The Florida District Court of Appeal, Fifth District affirms the trial court's denial, finding that although the noti
• Rekha Shah v. Transdermal Delivery Solutions Corp.
  266 So. 3d 215· Fla. 4th DCA· 2019-03-06 ·cited 1×
  A trial court abuses its discretion by denying a timely Rule 1.540(b) motion for relief from judgment when the plaintiff provides a reasonable and credible explanation based on secretarial error, including a legal assistant's reasonable misunderstanding of required arbitration fo
• Dept. of Fin. Servs. v. Barnett
  268 So. 3d 758· Fla. 4th DCA· 2019-01-09 ·cited 1×
  The Department of Financial Services appeals from a circuit court decision regarding the scope of sovereign immunity limitations under Florida Statutes § 768.28(5). The court narrowly construed the statute to cap liability at $200,000 for multiple claims arising from the same neg
• State v. Tashane M. Chantiloupe
  248 So. 3d 1191· Fla. 4th DCA· 2018-06-06 ·cited 1×
  A trial court has authority under Florida Rule of Criminal Procedure 3.050 to extend the forty-five-day deadline to file a notice of intent to seek the death penalty, contrary to the trial court's conclusion that it lacked such authority. However, when a deadline has already expi
• M.P. v. Dep't OF Child. & Families
  230 So. 3d 512· Fla. 3d DCA· 2017-10-11 ·cited 1×
  A mother appealed the trial court's denial of her motion to set aside a final judgment terminating her parental rights after she failed to attend the adjudicatory hearing. The appellate court affirmed, finding the trial court did not abuse its discretion in denying the motion bec
• Iman Emami v. Progressive Brands, Inc.
  225 So. 3d 983· Fla. 3d DCA· 2017-09-06 ·cited 1×
  Emami appeals a final default judgment entered against him for failing to comply with discovery obligations. The court holds the judgment is void because Emami was not afforded an opportunity to contest damages before entry of the final judgment, violating his due process rights
• Verena Von Mitschke-Collande v. Skipworth Props. Ltd.
  201 So. 3d 660· Fla. 3d DCA· 2016-03-23 ·cited 1×
  The heirs of Siegfried Otto appealed the dismissal of their fraudulent transfer claims against SwissPartners Investment Network, Ltd., challenging the trial court's interpretation of Florida Rule of Civil Procedure 1.070(j) regarding the 120-day service deadline. The court held t
• Scott v. Reflections OF Sebastian, LLC
  133 So. 3d 1046· Fla. 4th DCA· 2014-01-08 ·cited 1×
  The court held that barring a party from presenting evidence and testimony as a sanction for discovery violations is an abuse of discretion absent evidence of willful non-compliance or extensive prejudice.
• Aleong v. State
  16 So. 3d 190· Fla. 4th DCA· 2009-08-05 ·cited 1×
  Dr. Philip Jerome Aleong appealed the Florida Board of Veterinary Medicine's amended final order imposing disciplinary sanctions for incomplete medical records on a treated horse. The court affirmed the sanctions but found one factual finding (that Aleong was on probation) was un
• Horton v. Metro. Life Ins.
  459 F. Supp. 2d 1246· M.D. Fla.· 2006-10-17 ·cited 1×
  The court held that Darrin L. Johns is permanently enjoined from pursuing claims related to his 1993 whole life insurance policy because those claims are barred by the prior class action settlement agreement, which he failed to timely opt out of.
• Golden State Indus., Inc. v. Amparo Cueto
  883 So. 2d 817· Fla. 3d DCA· 2004-04-14 ·cited 1×
  Golden State Industries, Inc. appeals the denial of its motion to dismiss for lack of personal jurisdiction in a negligence suit arising from a pool deck collapse. The court affirmed, finding that Golden State waived the personal jurisdiction defense by not raising it initially,
• Johnson v. Johnson
  845 So. 2d 217· Fla. 2d DCA· 2003-03-07 ·cited 1×
  Lisa Johnson appeals a partial summary judgment quieting title in favor of her mother-in-law Florence Johnson. The court reversed the summary judgment on Florence's fee simple ownership interest, finding genuine issues of material fact existed regarding whether Florence held the
• Pinecrest Lakes, Inc. v. Shidel
  802 So. 2d 486· Fla. 4th DCA· 2001-12-26 ·cited 1×
  Pinecrest Lakes sought to recall the appellate court's mandate to file a late motion for certification of a question of great public importance to the Florida Supreme Court. The Fourth District Court of Appeal denied the motion, holding that the importance of a question alone is
• Harris v. Falina Claire Harris
  753 So. 2d 774· Fla. 5th DCA· 2000-03-24 ·cited 1×
  A former husband challenges a trial court order voiding his visitation rights to a child he raised, which were granted in a settlement agreement to a dissolution of marriage. The appellate court vacates the summary judgment, holding that Florida law deems the child to be the legi
• George v. Radcliffe
  753 So. 2d 573· Fla. 4th DCA· 1999-10-06 ·cited 1×
  Appellant George, a plaintiff in a commercial dispute, failed to answer defendants' amended counterclaim within the required timeframe. The trial court entered a default judgment against him on the counterclaim, and the appellate court affirmed the denial of his motion to vacate
• West v. Michele Pommier Models, Inc.
  681 So. 2d 930· Fla. 3d DCA· 1996-10-30 ·cited 1×
• Hinton v. City OF Elwood
  997 F.2d 774· 10th Cir.· 1993-06-29 ·cited 1×
  The court held that the arresting officers' use of force did not rise to the level of a constitutional violation, and therefore affirmed the district court's dismissal of the appellant's claims against the officers and the city.