Excusable Neglect

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

• Hovey v. Tracpatch Health, Inc.
  M.D. Fla.· 2025-09-24
  The court entered a default judgment against the defendant for $1,239,757.57, comprising past medical expenses, future medical expenses, and non-economic damages.
• Luzier v. Huggins
  N.D. Fla.· 2025-09-18
  Service of an original complaint after an amended complaint has been filed is insufficient, and while service must be quashed, dismissal is not warranted if the defect is curable.
• Saint Hubert v. 1754 Props. LLC
  M.D. Fla.· 2025-09-09
  The court granted in part and denied in part the plaintiff's motion, extending the time to file a notice of appeal but denying the request to vacate the final judgment.
• Damian v. Bhagan
  M.D. Fla.· 2025-09-04
  The court entered a default judgment against Defendant Soiree Event and Conference Center, LLC for $687,787.72 plus post-judgment interest.
• Damian v. Bhagan
  M.D. Fla.· 2025-09-04
  The court entered a default judgment against Defendant Lallteam, LLC for $450,035 plus post-judgment interest.
• Dietrich v. Tri-Pillar Contractors LLC
  M.D. Fla.· 2025-08-29
  The District Court granted plaintiff Dietrich's motion for entry of default judgment against defendants Tri-Pillar Contractors LLC and Errol Joseph Smith, Jr., awarding damages for unpaid wages, minimum wage violations under the FLSA, liquidated damages, and treble damages for wo
• McIntosh v. Global Tr. Mgmt., LLC
  M.D. Fla.· 2025-08-26
  The court entered a default judgment against Direct Recovery Services, LLC, awarding the plaintiff specified damages, costs, and attorney fees.
• Ofer v. Butchko
  S.D. Fla.· 2025-08-21
  The court held that the plaintiff's motion to reopen the case was denied because it did not meet the requirements of Federal Rule of Civil Procedure 60(b) and was not filed within a reasonable time.
• The Filta Grp., Inc. v. LXU, Ltd.
  M.D. Fla.· 2025-08-19
  The court denied Defendants' motion for an extension of time to answer and denied their motion to stay Plaintiff's preliminary injunction motion, but granted a limited extension for Defendants to respond to the injunction motion.
• Ramos v. Chen
  M.D. Fla.· 2025-08-14
  This is a District Court order in a wage and hour case (Ramos v. Chen) awarding $156,464 in unpaid wages and liquidated damages to plaintiff Daniuska Mayo. The opinion primarily consists of procedural guidance regarding appeals and finality of judgments rather than substantive ca
• Ramos v. Chen
  M.D. Fla.· 2025-08-14
  This is a District Court judgment in a wage and hour employment case where the court entered final judgment in favor of plaintiff Geidy Ramos against defendants for unpaid wages, overtime, and liquidated damages totaling $156,464. The opinion primarily consists of procedural inst
• Gomez v. Blessed Cars LLC
  M.D. Fla.· 2025-08-06
  This is a default judgment entered by the District Court for the Middle District of Florida in favor of plaintiff Gomez against defendant Blessed Cars LLC for $8,260.00. The opinion contains standard appellate procedure instructions regarding finality, jurisdiction, and notice of
• Chanchavac v. Luxury Cleaning Servs. 305 Inc
  M.D. Fla.· 2025-08-05
  This is a default judgment in a wage and hour employment dispute in which the court entered judgment against defendants for unpaid minimum wages, unpaid overtime, liquidated damages, attorney fees, and costs. The opinion includes general guidance on appellate jurisdiction and pro
• Jones v. Ceinski, Jr.
  M.D. Fla.· 2025-07-22
  The court denied the defendant's motion to reopen discovery because the defendant failed to show good cause and excusable neglect.
• Aragon v. NCL (Bahamas) Ltd.
  S.D. Fla.· 2025-07-10
  A cruise ship passenger injured at a waterpark in the Bahamas that was promoted by Norwegian Cruise Line while he was aboard the vessel sued the cruise line and waterpark operator in federal court in Florida. The magistrate judge recommended granting in part and denying in part t
• Jeff Revis Wrecker Serv., Inc. v. The Est. of Michael Fletcher
  M.D. Fla.· 2025-07-08
  This is a default judgment in a civil maritime exoneration and limitation of liability case involving a 2018 Yellowfin vessel. The court entered judgment in favor of the petitioner against all claimants who failed to appear in the action.
• Perez v. Anderson
  M.D. Fla.· 2025-07-03
  The court held that the admission of the plaintiff's prior conviction and drug use evidence was proper, and denied the plaintiff's motion for a new trial. The court also denied the plaintiff's motion for an extension of time to file an appeal.
• McCants v. New Dairy Fla.
  M.D. Fla.· 2025-06-30
  The court dismissed the case without prejudice, indicating that any motions for attorney's fees or costs must be filed within the time and manner prescribed by local rules.
• Honore v. United States Post Off.
  M.D. Fla.· 2025-06-30
  A party is accountable for their attorney's actions, and simple attorney negligence or oversight, even if resulting in missed deadlines and dismissal, does not constitute excusable neglect or extraordinary circumstances warranting relief under Rule 60(b).
• Vita v. Tournai
  M.D. Fla.· 2025-06-30
  Judgment was entered in favor of the defendants, and any motions for attorney's fees or costs must be filed according to local rules.
• Bennett v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-06-30
  The court entered a judgment dismissing the case without prejudice, with instructions for filing fee/cost motions.
• Medina Vega v. PBS Constr. LLC
  M.D. Fla.· 2025-06-10
  The District Court entered a default judgment in favor of plaintiff Medina Vega against defendants PBS Construction LLC and Bogdan S. Prindii in the amount of $28,173.00 on Count I, dismissed Count II as abandoned, and provided notice of appellate procedures and deadlines.
• Latulippe v. All Potential
  M.D. Fla.· 2025-06-10
  This is a District Court order entering default judgment against all potential claimants who failed to file claims by the July 15, 2024 deadline. The opinion also includes procedural guidance on appellate jurisdiction and notice of appeal requirements under 28 U.S.C. Section 1291
• InClaim, LLC v. Structural Wrap, LLC
  413 So. 3d 251· Fla. 3d DCA· 2025-05-28
  A default judgment is void when substitute service on the Secretary of State is improper due to plaintiff's failure to exercise due diligence in attempting personal service, particularly where the defendant's address for notices is expressly stated in a contract between the parti
• Barney v. Goldoro Developments, Inc.
  S.D. Fla.· 2025-05-21
  The court held that it committed legal error in awarding summary judgment on FLSA and FMWA claims to an exempt employee, but not on breach of contract claims for vacation pay. The court also erred in entering judgment against an individual defendant not found liable on those clai
• UpEquity SPV1, LLC v. Glennon
  M.D. Fla.· 2025-04-29
  The court entered a default judgment against the defendant for damages in the amount of $133,079.14.
• Duraserv LLC v. Action Garage Door Repair Corp.
  M.D. Fla.· 2025-04-25
  DuraServ LLC obtained a default judgment against Action Garage Door Repair Corp. on a Lanham Act trademark claim, with a permanent injunction issued against the defendant. This is a default judgment in a trademark infringement case.
• Powell v. The Sch. Bd. of Volusia Cnty.
  M.D. Fla.· 2025-04-24
  The court held that Plaintiffs' motion to set aside the dismissal should be granted because their untimely filing of an amended complaint was due to excusable neglect, and vacating the judgment would serve justice.
• The Sch. Bd. of St. John's Cnty. v. C.L.
  M.D. Fla.· 2025-04-16
  The court held that the defendant's motion for attorney's fees was deficient and failed to comply with local rules regarding the procedure for seeking fees.
• Damian v. Staub, III
  M.D. Fla.· 2025-04-15
  The District Court entered a default judgment against Angela D. Denease in favor of plaintiff Damian v. Staub, III in the amount of $426,245.38 (including principal and prejudgment interest). The opinion includes general guidance on appellability standards and appeal procedures.
• Ankner v. United States
  M.D. Fla.· 2025-04-11
  The court denied plaintiffs' motion for reconsideration of the order denying attorney fees, finding no basis under Rules 59(e) or 60(b) to alter or amend the prior decision.
• Cogdell Invs. (Mallard), LP v. Helm
  M.D. Fla.· 2025-04-02
  This is a default judgment order in a civil contract dispute where the District Court, M.D. Florida entered default judgment against defendant David C. Helm, II in favor of three plaintiff entities totaling $295,628.47. The case involves monetary claims and establishes the framew
• F.E.O. v. Dep't of Child. & Families
  Fla. 3d DCA· 2025-04-02
  A parent's failure to appear at an adjudicatory hearing for termination of parental rights, after being properly ordered to appear with notice of date, time, and location, constitutes consent to termination under Fla. Stat. § 39.801(3)(e).
• Beautiful Outdoors, LLC v. Torres
  408 So. 3d 1· Fla. 4th DCA· 2025-04-02
  A default final judgment awarding unliquidated damages is void when entered without notice to the defaulting party and an opportunity to be heard on the damages, and the trial court is obligated to vacate such a judgment.
• Perry v. Taylor
  M.D. Fla.· 2025-04-02
  The court held that the removal was untimely and defective because it was filed after the mandatory 30-day period, but denied attorney's fees as the removal attempt was not objectively unreasonable.
• Kamnerdpila v. City of St. Petersburg
  M.D. Fla.· 2025-03-31
  The court held that the plaintiff presented sufficient evidence to create a genuine dispute of material fact regarding her disparate treatment claim, thus denying summary judgment on that claim.
• Jean-Baptiste v. City of Miami
  S.D. Fla.· 2025-03-28
  The court denied the plaintiff's motion to reconsider a prior order striking portions of her affidavits, finding that attorney inadvertence did not constitute excusable neglect under Rule 60(b).
• The Filta Grp., Inc. v. Garry
  M.D. Fla.· 2025-03-28
  The court adopted the magistrate judge's recommendation to award lost royalties but denied other damages and an asset freeze, finding them speculative or unsupported.
• Lewis v. United States
  M.D. Fla.· 2025-03-24
  A party's desire for efficiency or streamlined trial is not a sufficient ground to use deposition testimony in lieu of live testimony when the witnesses are available.
• Chanchavac v. Luxury Cleaning Servs. 305 Inc
  M.D. Fla.· 2025-03-19
  Plaintiff Chanchavac obtained a default judgment against Luxury Cleaning Services 305 Inc., Pacific View Inc., and Silda D. Chavez for unpaid wages and overtime in the amount of $12,258.72, including liquidated damages, attorney fees, and costs.
• Arrington v. Miami Dade Cnty. Pub. Sch. Dist.
  S.D. Fla.· 2025-03-12
  The court affirmed the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion for relief from judgment and motion to file under seal.
• Saltwater Cure LLC v. All Potential
  M.D. Fla.· 2025-03-06
  This is a default judgment order entered in an admiralty limitation of liability case brought by Saltwater Cure LLC and Andrew Ancelin against all potential claimants and Mac Nathaniel Snyder in federal district court. The court entered default judgment against all non-filing cla
• Foley v. Orange Cnty.
  M.D. Fla.· 2025-02-26
  The court adopted the magistrate judge's recommendation to grant the defendants' motions for attorney's fees, finding the plaintiffs' objections lacked merit.
• Joe Hand Promotions, Inc. v. Alati Food & Drink II Inc.
  M.D. Fla.· 2025-02-14
  Joe Hand Promotions, Inc. obtained a default judgment against Alati Food & Drink II Inc. and Timothy Spyratos for copyright infringement under 47 U.S.C. § 605, totaling $8,035.00 in statutory damages, enhanced damages, attorney's fees, and costs.
• Navarro v. Pelonkey Inc.
  M.D. Fla.· 2025-02-13
  The court denied the plaintiff's motion for a clerk's default, accepting the defendant's late-filed answer.
• Elite Wheel Distribs., Inc. v. Tirekingz of Ga. LLC
  M.D. Fla.· 2025-02-06
  The court entered a default judgment for the plaintiff on the breach of contract claim.
• McKesson Corp. v. Benzer OH 7 LLC
  M.D. Fla.· 2025-02-05
  McKesson Corporation obtained a default judgment against Benzer Pharmacy Holding LLC and related defendants for $90,031.01 plus post-judgment interest. The order clarifies that despite multiple default judgment motions, there is one underlying debt, and recovery from any defendan
• Amparo Denis v. Seasons Gardens Senior Residence, LLC
  Fla. 3d DCA· 2025-02-05
  Amparo Denis appealed a trial court's order vacating default judgments entered against Seasons Gardens Senior Residence. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that orders setting aside non-final default orders are themselves n
• Cupid v. Lyons-White
  Fla. 3d DCA· 2025-01-29
  Sabrina Cupid appealed from the trial court's denial of her motion for rehearing regarding an order that denied her rule 1.540 motions to vacate a default judgment in a defamation action. The appellate court dismissed the appeal for lack of jurisdiction because Cupid's notice of
• Alli v. RD Am., LLC
  M.D. Fla.· 2025-01-23
  A district court's order remanding a case to state court based on a procedural defect in removal is not reviewable, even if the defendant seeks reconsideration under Rule 60(b)(1) for excusable neglect.