Excusable Neglect

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

• Schlosser v. Coleman
  818 F. Supp. 1534· M.D. Fla.· 1993-04-20 ·cited 1×
  The court held that judges and prosecutors are immune from § 1983 claims for actions taken within their judicial or prosecutorial capacities, and the plaintiff failed to establish conspiracy or standing for injunctive relief.
• United States v. Ford 250 Pickup 1990
  980 F.2d 1242· 8th Cir.· 1992-12-08 ·cited 1×
  The court held that the district court did not abuse its discretion in striking the claimant's claim and entering default judgment because the claimant failed to strictly comply with procedural rules and lacked standing.
• State OF La. v. Sparks
  978 F.2d 226· 5th Cir.· 1992-12-03 ·cited 1×
  The court held that while the district court properly dismissed the case for lack of prosecution, it erred in denying Sparks' Rule 60(b) motion; however, sovereign immunity ultimately requires the subpoenas to be quashed and the case dismissed.
• Lenaghan v. Pepsico, Inc.
  961 F.2d 1250· 6th Cir.· 1992-04-20 ·cited 1×
  The court held that a district court abused its discretion by refusing to grant relief from a judgment entered due to a late rejection of a mediation panel's evaluation, where the delay resulted from an excusable misreading of an ambiguous local rule and caused no prejudice to th
• United States v. Norris Grain Co. (In Re Norris Grain Co.)
  131 B.R. 747· M.D. Fla.· 1990-11-27 ·cited 1×
  The court affirmed the bankruptcy court's denial of the IRS's late claim for 1984 income taxes, finding it was a new claim, but allowed the IRS's late claim for 1985 income taxes based on excusable neglect.
• Majette v. Butterworth
  603 F. Supp. 22· S.D. Fla.· 1988-04-25 ·cited 1×
  The court denied motions to strike and for default judgment, granted dismissal for claims against the defendant in his official capacity due to lack of notice, but denied dismissal for claims against him in his individual capacity.
• Badertscher v. Resort Interiors
  505 So. 2d 4· Fla. 1st DCA· 1986-12-02 ·cited 1×
  The court held that a party's passive reliance on an attorney who never entered the case does not constitute excusable neglect to set aside a default judgment.
• Moore v. Powell
  480 So. 2d 137· Fla. 4th DCA· 1985-12-11 ·cited 1×
  The Fourth District Court of Appeal affirmed the trial court's denial of appellants' motion to vacate a default judgment. The court held that appellants failed to demonstrate excusable neglect because their reliance on an insurance carrier to defend the litigation was unreasonabl
• Francois v. Wainwright
  614 F. Supp. 127· S.D. Fla.· 1985-05-25 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either without merit, procedurally defaulted, or constituted an abuse of the writ.
• Mills v. Lawhon
  448 So. 2d 1162· Fla. 1st DCA· 1984-04-16 ·cited 1×
  Mills, a death row inmate convicted of murder, appealed the denial of his motion to set aside a default judgment in a wrongful death civil suit and the subsequent summary judgment on a creditor's bill filed by the victim's widow. The appellate court affirmed, holding that Mills f
• Renuart-Bailey-Cheely Lumber & Supply Co. v. Hall
  264 So. 2d 84· Fla. 3d DCA· 1972-07-11 ·cited 1×
  Florida appellate court reversed the trial court's denial of defendant's motion to set aside default, holding that the defendant established excusable neglect where the complaint was lost during an office move and promptly addressed once discovered.
• Robinson v. United States
  272 F.2d 554· D.C. Cir.· 1959-11-25 ·cited 1×
  The court held that it had jurisdiction to hear a criminal appeal filed after the time limit if the delay was due to excusable neglect, and that the conviction was free of prejudicial error.
• Pang-Tsu MOW v. Republic OF China
  220 F.2d 811· D.C. Cir.· 1955-02-21 ·cited 1×
  The court held that while the appellant's failure to file the record on time would normally justify dismissal, it was appropriate to dismiss the appeal only in part, allowing it to proceed on the personal judgment against the appellant.
• Reardon v. RJConsulting 4005 LLC
  Fla. 3d DCA· 2026-05-20
  A party cannot revive its right to appeal a final judgment by filing a motion for summary judgment on a separate claim after the time to appeal the final judgment has expired.
• Nguyen v. Williams
  Fla. 2d DCA· 2026-02-27
  The Nguyens appealed the dismissal of their negligence case arising from a car accident, arguing the trial court erred by dismissing the case when their counsel was unable to attend a mandatory pretrial conference due to illness. The appellate court affirmed the dismissal but cri
• Viktor S. Gorokhovskiy
  Del. Super. Ct.· 2026-02-26
  Viktor Gorokhovskiy appealed a default judgment entered by the Court of Common Pleas after he failed to appear for trial. The Superior Court affirmed the judgment, finding no reversible error despite Gorokhovskiy's claims of insufficient service of process, lack of standing by th
• Huggins v. Safepoint Ins. Co.
  Fla. 4th DCA· 2026-02-18
  Homeowners appealed dismissal of their breach of contract action against their insurance company, imposed as a sanction for counsel's failure to appear at trial. The Fourth District Court of Appeal reversed, holding that the dismissal violated due process because counsel was not
• Stevens v. Mila Brown
  Del.· 2026-02-13
  Owen Stevens appealed the Family Court's denial of his motion to reargue or reopen ancillary proceedings in his divorce from Mila Brown. The Delaware Supreme Court affirmed, holding that Stevens' motion for reargument was untimely and that he failed to demonstrate excusable negle
• Alessandra de Menezes Trigueiro v. Rodrigo Cesar Galdino de Oliveira
  Fla. 6th DCA· 2026-02-13
  In a dissolution of marriage case, the trial court denied the appellant's motion for relief from judgment after she failed to appear at trial. The appellate court affirmed the denial, finding the trial court did not abuse its discretion in determining that the appellant failed to
• Ansaroff v. Laureles
  Fla. 3d DCA· 2026-02-11
  In a mortgage foreclosure action, the trial court vacated a default judgment against defendant Laureles after her attorney abandoned her case, and subsequently entered summary judgment in her favor. The appellants challenged all three orders, but their appeal failed because the t
• Seneque v. Fla. Peninsula Ins. Co.
  Fla. 3d DCA· 2026-02-11
  An issue must be presented to the lower court with the specific legal argument or ground to be argued on appeal in order to be preserved for appellate review, and a conscious decision not to comply with legal requirements does not constitute excusable neglect.
• Parks v. Carver
  Del.· 2026-02-11
  In a divorce ancillary proceeding, the Delaware Supreme Court reversed a Family Court judgment that awarded the ex-wife 75% of the marital home proceeds, reducing it to 70% because the ex-husband lacked notice that the court might award more than the 70% he was on notice of in th
• Salt AIR Homes II, LLC v. C.A. No.: K25L-08-005 NEP ST. Paul African Methodist Episcopal Church OF Harrington
  Del. Super. Ct.· 2026-01-28
  Salt Air Homes II, LLC obtained a default judgment against St. Paul African Methodist Episcopal Church of Harrington for failure to pay the balance due under a construction contract. The defendant's motion to set aside the default judgment under Rule 60(b)(1) was denied because t
• Sheets v. Gorman
  M.D. Fla.· 2026-01-20
  The court held that a pro se plaintiff's motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1) and (6) should be denied because his failure to pay the filing fee or seek in forma pauperis status was not due to excusable neglect or extraordinary circumstan
• Sheets v. Woelk
  M.D. Fla.· 2026-01-20
  The court held that a pro se plaintiff's motion for relief from judgment under Rule 60(b) should be denied when the dismissal resulted from his intentional actions and lack of diligence, not excusable neglect or extraordinary circumstances.
• Ligieri v. Amazon.com, Inc.
  M.D. Fla.· 2026-01-14
  The court granted the plaintiff's renewed motion for leave to file an amended complaint, extending the deadline for filing.
• Pridgen v. US Bank Tr. Nat'l Ass'n
  M.D. Fla.· 2026-01-13
  The court held that while the plaintiff's motion for an extension was untimely, her miscalculation of the deadline and delayed receipt of the order constituted excusable neglect under Rule 60(b), warranting relief from the final judgment.
• Starboard Yacht Grp. LLC v. Contessa Marine Research LLC
  S.D. Fla.· 2026-01-13
  The court granted judgment for SHM LMC and entered default against SYG for failure to pay a settlement amount and obtain counsel, dismissing SYG's claims with prejudice.
• Fast Response Marine Towing & Salvage, LLC v. M/V Bad Habits
  S.D. Fla.· 2026-01-11
  The court granted the motion to set aside the default final judgment because the salvage award was excessively inflated and inequitable, constituting an extraordinary circumstance justifying relief under Rule 60(b)(6).
• GAZ v. Delaware Division OF Motor Vehicles and it's director
  Del. Super. Ct.· 2026-01-07
  Ethan Gaz sought a writ of certiorari to challenge a DMV suspension of his driver's license resulting from his failure to appear at an administrative hearing. The Delaware Superior Court dismissed his complaint for insufficiency of service of process because Gaz failed to serve t
• Jacob v. Yisrael Taussig
  M.D. Fla.· 2025-12-23
  In this Florida property dispute, the district court granted in part and denied in part a motion for default judgment filed by Allan and Sandra Jacob against the Taussigs and related entities. The court voided several property transfers and granted the Jacobs a right to levy exec
• Ligieri v. Amazon.com, Inc.
  M.D. Fla.· 2025-12-19
  The court denied the plaintiff's motion for leave to file an amended complaint and for CM/ECF access.
• Progressive Express Ins. Co. v. Urdaneta
  S.D. Fla.· 2025-12-19
  The court held that a defendant's failure to ensure their attorneys received notice of a lawsuit, due to internal communication errors, does not constitute excusable neglect to set aside a default judgment.
• Shimp v. DHSMV
  13th Cir. Ct. App. Div.· 2025-12-17
  The appellate court denied the appellant's motion for rehearing after dismissing his consolidated appeals for failure to file a compliant initial brief and complete appendix despite multiple warnings and notices from the court.
• Melido Pena v. RDI, LLC
  M.D. Fla.· 2025-12-15
  The court entered a default judgment against third-party defendants, holding them jointly and severally liable for the unsatisfied judgment owed to the plaintiff.
• McKesson Specialty Care Distrib., LLC v. Venus Mobile Medspa, LLC
  M.D. Fla.· 2025-12-12
  This is a default judgment entered by the District Court for the Middle District of Florida in favor of McKesson Specialty Care Distribution, LLC and against Venus Mobile Medspa, LLC in the amount of $688,306.04. The opinion primarily consists of procedural rules regarding appeal
• Sutherland v. Wellshow Machining Parts, Inc.
  M.D. Fla.· 2025-12-09
  The Court entered a default judgment against Defendant Wellshow Machining Parts, Inc. due to its failure to appear with counsel as ordered.
• Chloe Carnegie v. Heritage Park Nursing Ctr. LLC
  M.D. Fla.· 2025-11-12
  This is a default judgment entered against Heritage Park Nursing Center LLC in favor of plaintiff Chloe Carnegie. The court awarded $24,707.54 in damages on all five counts of the complaint after the defendant failed to respond or defend the action.
• Green v. Galencare, Inc.
  M.D. Fla.· 2025-11-06
  The court granted defendants' motion to stay discovery pending resolution of their motions to dismiss, and denied plaintiff's motions to strike those dismissals.
• Cobb v. O'Malley
  S.D. Fla.· 2025-11-05
  The court recommended denying the plaintiff's motion to reopen because it was untimely, lacked a meritorious defense, and failed to meet the requirements for newly discovered evidence under Rule 60(b).
• Mellen v. Allstate Fire & Cas. Ins. Co.
  M.D. Fla.· 2025-11-05
  The court denied the defendant's motion for reconsideration because the court lacks jurisdiction to review its own remand order based on lack of subject matter jurisdiction, and even if it had jurisdiction, the defendant's arguments for excusable neglect were unavailing.
• Obsidian Specialty Ins. Co. v. The Se. Restoration Grp., Inc.
  M.D. Fla.· 2025-11-04
  The court entered a default judgment against the defendants, declaring that the plaintiff insurance company has no duty to defend or indemnify one of the defendants in an underlying state court lawsuit.
• Enter. Bank & Tr. v. CRS Standard Fin. Techs., Inc.
  M.D. Fla.· 2025-10-31
  Enterprise Bank & Trust obtained a default judgment against CRS Standard Financial Technologies, Inc. and other defendants for $287,211.84, consisting of trebled principal plus pre-judgment interest under an apparent fraud or similar statutory cause of action. The judgment is fin
• Graneles Switzerland S.A. v. Colmenares
  M.D. Fla.· 2025-10-27
  The court entered a default judgment against the defendants for $267,000 on Count One of the Supplemental Complaint.
• Leff v. Rossana Larez
  Fla. 3d DCA· 2025-10-15
  An appellant's failure to object to a trial court's self-executing default language or to raise a notice-of-default violation before final judgment is entered waives the issue and precludes appellate review, even if the trial court violated the applicable procedural rule.
• Teleties, LLC v. Defendants #1-18 as Identified in Schedule "A"
  M.D. Fla.· 2025-10-14
  Teleties, LLC obtained a default judgment against Defendants #1-18 in a civil case. The court issued the default judgment after the defendants failed to respond to the complaint, and the opinion primarily contains procedural guidance regarding appellability and appeal procedures
• Admiral Ins. Co. v. R. Skye Inc.
  M.D. Fla.· 2025-10-14
  The court entered a default judgment for the plaintiff, determining the applicable insurance policy provisions and coverage limits for a specific claim.
• Hong Yang v. Culturalink LLC
  M.D. Fla.· 2025-10-14
  The court entered a default judgment in favor of the plaintiff, Hong Yang, and against the defendant, Culturalink, LLC.
• Nat'l Specialty Ins. Co. v. Eleguas Trucking Inc.
  M.D. Fla.· 2025-09-30
  The court entered a default judgment in favor of the Plaintiff against Defendant Eleguas Trucking Inc. Any motions for attorney's fees or costs must follow local rules.
• PeopleGuru, Inc. v. Med. Man Techs., Inc.
  M.D. Fla.· 2025-09-30
  The court held that the defendant materially breached the contract by failing to provide timely notice of non-renewal, and the contract's language regarding notice was clear and unambiguous.