Excusable Neglect

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

• In re Amendments to Florida Rules of Civil Procedure
  Fla.· 2025-01-23
  The Florida Supreme Court adopted amendments to its civil procedure rules to enhance case management procedures and incorporate a federal proportionality standard into discovery rules, with most amendments taking effect on January 1, 2025. The court refined earlier amendments aft
• AHR Fam., LLC v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2025-01-21
  The court held that a party cannot use the catch-all provision of Rule 60(b)(6) for attorney error, and Florida law favors the finality of settlements, thus denying the motion to vacate the dismissal and settlement.
• Heard v. Mahakal Sahai Inc.
  M.D. Fla.· 2025-01-15
  This is a default judgment entered by the District Court for the Middle District of Florida in favor of plaintiff Heard against defendant Mahakal Sahai Inc. for $4,500.00. The opinion primarily sets forth procedural rules governing appeals from final judgments in federal district
• United States Sugar Corp. v. Commerce & Indus. Ins. Co.
  S.D. Fla.· 2025-01-15
  The court denied the plaintiff's motion for entry of default, finding that the defendant's delay in answering was excusable and that the plaintiff failed to engage in good-faith efforts to resolve the issue.
• Williams v. Cowart Mulch Prods., Inc.
  M.D. Fla.· 2025-01-14
  This is a default judgment in a civil case where the court entered judgment in favor of Plaintiff Williams against Defendant Cowart Mulch Products, Inc. on Counts III and VI in the amount of $9,800. The opinion primarily contains procedural instructions regarding appeals and appe
• Commodity Futures Trading Comm'n v. Oasis Int'l Grp.
  M.D. Fla.· 2025-01-09
  The court denied the motion for reconsideration because it was untimely, lacked legal basis, and failed to demonstrate changes in factual or legal underpinnings warranting such an extraordinary remedy.
• Int'l Bhd. of Elec. Workers v. Jam Elec., LLC
  M.D. Fla.· 2025-01-09
  The District Court entered a default judgment in favor of Plaintiff International Brotherhood of Electrical Workers, Local 606 against Defendant Jam Electric, LLC on Count 1 of the Amended Complaint. The opinion is primarily a judgment order with appended procedural instructions
• Taraneisha Burgess v. Quessie Campbell
  Fla. 4th DCA· 2025-01-08
  The defendant appeals a circuit court's order striking her pleadings and entering a default judgment against her for failure to appear at case management conferences and timely file a witness and exhibit list. The appellate court agrees with the defendant that the trial court's o
• Jackson v. Barnes
  M.D. Fla.· 2025-01-08
  The court denied the plaintiff's motions for reconsideration and extension of time, finding that his misrepresentation of litigation history constituted an abuse of the judicial process and barred him from proceeding in forma pauperis under the 'three strikes rule'.
• Am. Gen. Life Ins. Co. v. Miles
  M.D. Fla.· 2025-01-07
  American General Life Insurance Company obtained a default judgment against Malisia Miles in a dispute over death benefits under a life insurance policy issued to Floyd G. Miles. The court ruled that Malisia Miles forfeited her entitlement to the death benefits and discharged Ame
• Reyes Monterroso v. Carranza
  M.D. Fla.· 2025-01-07
  Default judgment was entered against the defendant for specific monetary amounts and attorney's fees/costs.
• Hemisphere Tech., LLC v. Florete, Jr.
  M.D. Fla.· 2025-01-06
  Default judgment was entered against Defendant Orlando G. Florete, Jr. for $1,968,422.85 plus post-judgment interest.
• Viral DRM, LLC v. Hardee Broad. LLC
  M.D. Fla.· 2024-12-30
  This is a default judgment order entered by the District Court for the Middle District of Florida in a civil case between Viral DRM, LLC (plaintiff) and Hardee Broadcasting LLC (defendant). The court entered a default judgment of $34,517.00 against the defendant, with the opinion
• Cushing v. Tomoka Med. Lab, Inc.
  M.D. Fla.· 2024-12-23
  The court held that a motion to vacate a default judgment filed nearly a year after entry was untimely and that the defendant failed to demonstrate excusable neglect or a meritorious defense.
• McKesson Corp. v. Benzer OH 4 LLC
  M.D. Fla.· 2024-12-20
  McKesson Corporation obtained a default judgment against Benzer OH 4 LLC, Benzer Pharmacy Holding LLC, and three individual defendants (Alpesh Patel, Manish Patel, and Hema Patel) in the amount of $175,013.10. This is a district court order entering default judgment in a civil ca
• Aparicio v. Mar Tile Design Corp.
  M.D. Fla.· 2024-12-19
  The court granted in part and denied in part Plaintiff's motion for default judgment, entering judgment for $11,480.00 and closing the case.
• Whitehead v. Fla. Delivery Servs., Inc.
  M.D. Fla.· 2024-12-11
  In this employment discrimination case, the District Court for the Middle District of Florida adopted a magistrate judge's report and recommendation, awarding default judgment against Florida Delivery Services, Inc. for pregnancy discrimination under Title VII and the FCRA. The c
• Navarro v. Pelonkey Inc.
  M.D. Fla.· 2024-12-09
  The court granted defendant leave to file an out-of-time response to the complaint, but denied the motion to strike the waiver of service.
• Kanner v. Beverly
  M.D. Fla.· 2024-12-06
  The District Court for the Middle District of Florida entered a default judgment against defendants Allen Leonard Beverly, Jr. and SCS Unlimited Flooring LLC in favor of plaintiff Kanner in the amount of $25,740.57. The opinion includes standard appellate procedure instructions r
• In re Amendments to Florida Rules of Civil Procedure
  Fla.· 2024-12-05
  The Florida Supreme Court adopted additional amendments to its civil procedure rules effective January 1, 2025, maintaining most previously adopted case management and discovery reforms while making targeted changes to enhance their effectiveness and resolve inconsistencies. The
• McKesson Corp. v. Benzer OH 9 LLC
  M.D. Fla.· 2024-12-04
  McKesson Corporation obtained a default judgment against Benzer Pharmacy entities and individual defendants for $140,549.75 plus interest and post-judgment accrual. The court entered judgment after defendants failed to respond or defend the action, with the opinion primarily cons
• Radiology P'rs Matrix, PLLC v. Morrow
  M.D. Fla.· 2024-12-04
  The court granted Plaintiff's motion for default judgment in part, awarding $144,468.00 for breach of contract.
• Outsourcing Mgmt. Ltd. v. My Goals Solution Inc.
  S.D. Fla.· 2024-12-02
  The court granted the motion to vacate the default judgment, finding excusable neglect.
• Oke v. ProntoWash LLC
  M.D. Fla.· 2024-11-27
  In this RICO case, the District Court of the Middle District of Florida entered default judgment against multiple defendants for failing to respond to the plaintiff's claims. The court awarded the plaintiff $101,250 in damages (including treble damages under 18 U.S.C. § 1964(c)),
• Cooley v. Schwartz
  M.D. Fla.· 2024-11-19
  The court held that the plaintiff's motion for relief from judgment was denied because the stated reason for delay (hurricanes) was insufficient and did not constitute excusable neglect or extraordinary circumstances.
• Primecare Network, Inc. v. Payroll LLC
  Fla. 4th DCA· 2024-11-13
  Primecare Network, Inc. appealed the denial of its motion to vacate a default final judgment and an accompanying writ of garnishment. The Fourth District Court of Appeal reversed, finding that both the clerk's default and the judicial default were void due to procedural due proce
• Eliduvir Carvajal Sanchez v. Irizarry
  Fla. 3d DCA· 2024-10-30
  In this quiet title and eviction action, the Florida District Court of Appeal affirmed the trial court's entry of a default final judgment against defendant Sanchez, finding no abuse of discretion in denying her motion to vacate the judicial default and in awarding rent damages t
• DSSBW, LLC v. Great Lakes Ins. SE
  M.D. Fla.· 2024-10-28
  The court held that removal was timely because the initial complaint did not establish complete diversity, and the subsequent Rule 7.1 disclosure clarified diversity, making the removal notice timely.
• Johnson v. Sparton DeLeon Springs, LLC
  M.D. Fla.· 2024-10-25
  The court held that the plaintiff's counsel's failure to comply with court orders constituted excusable neglect, warranting the setting aside of the dismissal order.
• Zarbo v. Tractor Supply Co.
  M.D. Fla.· 2024-10-23
  The Court granted Plaintiff's motion to reopen the case, finding excusable neglect for her failure to comply with a prior order.
• Langston v. Cardona
  M.D. Fla.· 2024-10-04
  The Court denied the plaintiff's motion for an extension of time to file an amended complaint, as it was filed after the case was dismissed for lack of jurisdiction and the plaintiff failed to establish grounds for relief under Rule 60(b).
• In re Amendments to Florida Rules of Juvenile Procedure
  Fla.· 2024-10-02
  The Court adopts proposed amendments to the Florida Rules of Juvenile Procedure for clarity and consistency.
• Eran Fin. Servs., LLC v. Eran Indus. Ltd.
  S.D. Fla.· 2024-10-02
  The court granted in part and denied in part various motions in limine, precluding certain evidence and arguments from trial, particularly concerning damages, undisclosed intellectual property, and partnership theories.
• Makozy v. United Parcel Serv.
  S.D. Fla.· 2024-09-30
  The court recommended granting the defendant's motion to dismiss due to the plaintiff's repeated failure to prosecute the case and comply with court rules and discovery obligations.
• Sullivan v. Sarasota Cnty.
  M.D. Fla.· 2024-09-30
  Sullivan brought a civil action against Sarasota County, Florida. The district court entered judgment for the defendant, concluding the litigation on the merits.
• Allsouth Sprinkler Co. v. Aerovanti, Inc.
  M.D. Fla.· 2024-09-25
  Allsouth Sprinkler Company obtained a judgment against Aerovanti Aviation LLC for $199,500 on a breach of contract claim in the Middle District of Florida. The case involved multiple defendants and claims, with the court entering judgment on Count II while leaving other matters p
• Ctr. for Biological Diversity v. Governor Ron Desantis
  M.D. Fla.· 2024-09-24
  Environmental organizations sued HRK Holdings, LLC for unpermitted discharges under the Clean Water Act. The district court entered a default judgment against the defendant, finding 15 days of Clean Water Act violations during a 2021 discharge event and imposing a civil penalty o
• Kennen v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-20
  The court reversed and remanded the case, instructing the Administrative Law Judge to consider medical improvement, obtain vocational expert evidence, offer a hearing, and issue a new decision.
• Darling v. Zavaleta
  S.D. Fla.· 2024-09-19
  The court held that a pro se litigant's ignorance of the law or rules does not constitute excusable neglect or good cause for an extension of time to file a notice of appeal.
• Inseco, Inc. v. The Paver Sealer Store, LLC
  M.D. Fla.· 2024-09-18
  This is a default judgment order entered by the District Court for the Middle District of Florida against defendants The Paver Sealer Store, LLC and Scott Brian Colletti in favor of plaintiff Inseco, Inc. The court awarded damages of $300,000.00 after defendants failed to respond
• B2B4E Inv. Holdings, Inc. v. Adaptiv Research & Dev., LLC
  M.D. Fla.· 2024-09-17
  B2B4E Investment Holdings obtained a default judgment against Adaptiv Research & Development for $122,850 in a contract dispute. The court entered the judgment after the defendant failed to respond, and the opinion includes standard appellate procedure information regarding notic
• Deligdish v. Bender
  M.D. Fla.· 2024-09-16
  The court held that the plaintiff failed to demonstrate sufficient grounds for relief from a prior order denying an extension to file an expert report under Federal Rule of Civil Procedure 60(b).
• Chipchak v. Derivatively
  Fla. 5th DCA· 2024-09-13
  Chipchak appeals a default final judgment entered against him in a derivative lawsuit seeking $800,000 in damages for wrongful distribution from an LLC. The court affirmed the judgment, rejecting Chipchak's argument that the trial court lacked subject matter jurisdiction because
• Nathalia Fawkes v. Wignal
  Fla. 4th DCA· 2024-09-11
  A trial court abuses its discretion by summarily denying a motion for new trial and/or rehearing that is supported by sworn affidavits and facially demonstrates sufficient grounds to set aside a default judgment, including excusable neglect, a meritorious defense, and due diligen
• Tejeda v. Costco Wholesale Corp.
  S.D. Fla.· 2024-09-10
  The court held that the defendant is entitled to attorney's fees under Fla. Stat. § 768.79 because its settlement offer was valid and made in good faith, and the fees sought were reasonable. However, non-taxable costs are not recoverable under the statute.
• Hugo Boss Trade Mark Mgmt. GMBH & Co. KG v. The Individuals
  S.D. Fla.· 2024-08-22
  The court held that the moving defendants failed to establish a good reason for their delay in seeking to vacate the default judgment, thus denying their motion.
• Columbie v. Clear Blue Specialty Ins. Co.
  M.D. Fla.· 2024-08-22
  The court held that plaintiffs' counsel's misstatement during a deposition and the use of an unlicensed adjuster's estimate did not constitute fraud upon the court or grounds for dismissal or summary judgment.
• Fantel v. Dep't Homeland Sec.
  M.D. Fla.· 2024-08-21
  The court entered judgment dismissing the case without prejudice and set forth rules regarding attorney's fees and costs.
• Nery Villar v. Scottsdale Ins. Co.
  S.D. Fla.· 2024-08-15
  The court held that while there was an intervening change in law regarding the retroactivity of Fla. Stat. § 627.70152, reconsideration was not warranted because the judgment had been executed and the motion was untimely.
• Davis v. Se. QSR LLC
  N.D. Fla.· 2024-08-06
  Summary judgment is granted for the employer because the plaintiff failed to present evidence of race or gender discrimination or retaliation, and did not establish a prima facie case for either claim.