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Fla. 2d DCA·
2024-07-17
The appellate court lacked jurisdiction to review the default final judgment because the appeal was filed over eighteen months after the judgment's rendition, exceeding the thirty-day deadline under Florida Rule of Appellate Procedure 9.110(b). The court affirmed the order denyin
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M.D. Fla.·
2024-07-16
The court held that defendants showed good cause to vacate the default because their failure to timely answer was due to excusable neglect and vacating the default would not substantially prejudice the plaintiffs.
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M.D. Fla.·
2024-07-12
The Court granted Plaintiff's motion to vacate the dismissal order, finding that while counsel's neglect was not excusable, dismissal would prejudice Plaintiff due to the expired statute of limitations.
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390 So. 3d 663·
Fla. 4th DCA·
2024-07-10
A trial court abuses its discretion by entering a parenting plan based on a parent's default without providing an opportunity to be heard on the child's best interests, and by failing to make the written findings of fact required by section 61.13(2)(c)1, Florida Statutes, when th
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389 So. 3d 555·
Fla. 4th DCA·
2024-07-03
A motion to vacate under Florida Rule of Civil Procedure 1.540(b) does not toll the time for filing a notice of appeal, and an untimely motion for rehearing under rule 1.530 cannot extend the appeal deadline. The appellate court therefore lacked jurisdiction to review the merits
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S.D. Fla.·
2024-07-03
The court held that the plaintiffs' motion to reopen the case was untimely and lacked a showing of excusable neglect, and therefore denied the motion.
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M.D. Fla.·
2024-06-28
The court held that the defendant's removal of the case to federal court was untimely, requiring remand to state court.
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394 So. 3d 78·
Fla. 3d DCA·
2024-06-26
Verijet appeals the trial court's denial of its motion to vacate a default final judgment entered after it failed to retain new counsel within ten days of its prior counsel's withdrawal. The appellate court reversed, finding that Verijet demonstrated excusable neglect, presented
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Fla. 5th DCA·
2024-06-21
Dismissal of a case is a drastic remedy that requires a finding of willful or deliberate disregard of a court order. Where a party obtains counsel before the dismissal order is entered, albeit late, dismissal is improper absent evidence of intentional disregard of the court's dir
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M.D. Fla.·
2024-06-20
The court granted plaintiff's motion to amend his complaint, denied his motions to disqualify counsel and for sanctions, and denied his motion for reconsideration of a prior order.
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M.D. Fla.·
2024-05-30
The court granted Florida Structural Group an extension for discovery responses due to excusable neglect and granted Plaintiffs' request for attorney fees against Strength 20 and Ariza for their delayed discovery responses.
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M.D. Fla.·
2024-05-28
The court held that it cannot review its own remand order for lack of subject matter jurisdiction, even if based on excusable neglect.
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Del. Super. Ct.·
2024-05-22
The Delaware Superior Court granted the defendants' motion to dismiss. The court found that the plaintiff failed to serve the complaint within the required 120-day period without demonstrating good cause or excusable neglect. Additionally, the court determined it lacked personal
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M.D. Fla.·
2024-05-01
The court held that boilerplate objections to discovery requests are insufficient and do not justify withholding documents, and that counsel for the objecting party may be ordered to pay the movant's attorney's fees when a motion to compel is granted.
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S.D. Fla.·
2024-04-19
The court held that a party seeking to modify a scheduling order must show good cause, and a miscommunication between counsel and a legal assistant does not constitute good cause for extending an expert disclosure deadline.
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S.D. Fla.·
2024-04-04
The court denied the plaintiff's motion for relief from a prior order and judgment, finding that counsel's failure to update an email address did not constitute excusable neglect.
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Del. Super. Ct.·
2024-03-25
The court denied the defendant's numerous motions, including motions to vacate judgments, for reargument, for default judgment, and for appointment of counsel. The court found that the defendant's attempts to use civil rules to circumvent criminal procedural rules were improper a
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S.D. Fla.·
2024-03-18
The court denied the plaintiff's motion for relief from judgment, finding no basis for mistake, newly discovered evidence, or other extraordinary circumstances to alter the prior judgment.
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S.D. Fla.·
2024-03-15
In this civil forfeiture action involving approximately $45 million in accounts and seven real properties allegedly connected to foreign bribery and money laundering, the court denies Guillermo Montero's motion to intervene as untimely. Montero's claims were previously struck and
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Fla. 3d DCA·
2024-03-13
The appellate court affirmed a trial court's order evicting a tenant, despite the trial court's erroneous citation of a statute governing nonresidential evictions. The court clarified that the cited statute does not apply to residential evictions but found the error harmless beca
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S.D. Fla.·
2024-03-11
Naval Logistics, Inc. sought to enforce a maritime lien against M/V Family Time for vessel repairs. The defendant vessel moved for leave to file an untimely counterclaim based on negligence allegations, which the court denied for failure to demonstrate good cause under Federal Ru
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Fla. 1st DCA·
2024-03-06
A trial court's denial of a motion for enlargement of time to file a fee motion is an appealable final order because it conclusively ends judicial labor on the procedural matter, even though it does not adjudicate the underlying fee claim itself.
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Fla. 3d DCA·
2024-02-21
A defendant cannot obtain relief from a default judgment under Rule 1.540(b)(1) based solely on a claim of non-service that fails to meet the clear and convincing evidence standard, as such a claim does not constitute excusable neglect but rather amounts to a naked denial contrad
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Fla. 5th DCA·
2024-02-09
The appellate court reversed a trial court's denial of a motion to vacate a dismissal order. The dismissal resulted from the plaintiffs' counsel missing a case management conference due to a clerical error, which the appellate court found to be excusable neglect.
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M.D. Fla.·
2024-02-09
The court held that a motion for reconsideration under Rule 60(b) was inappropriate because the prior order granting leave to amend was not a final order. The court also noted that the timeliness challenge could be raised in a motion to dismiss.
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Fla. 5th DCA·
2024-02-09
An attorney's inadvertent failure to attend a case management conference due to a clerical or calendaring error by staff constitutes excusable neglect warranting relief under Florida Rule of Civil Procedure 1.540(b)(1), and dismissal of an action requires explicit findings of wil
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M.D. Fla.·
2024-02-02
The court held that the plaintiff's motion to vacate prior orders or amend his complaint was denied because he failed to establish excusable neglect or newly discovered evidence, and any amendment would be futile due to undue delay and repeated pleading deficiencies.
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M.D. Fla.·
2024-01-25
The court denied USI's motion to reopen discovery, finding it failed to establish good cause or excusable neglect for additional depositions.
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377 So. 3d 1180·
Fla. 4th DCA·
2024-01-17
A default judgment entered without providing a party that has filed substantive papers an opportunity to be heard violates due process and is void. Additionally, where an insurer files a motion to set aside a default within five days, supported by sworn statements of calendaring
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M.D. Fla.·
2024-01-02
The court affirmed the bankruptcy court's award of fees to Shumaker, finding no abuse of discretion in compensating Shumaker for services rendered in response to the Estates' recusal motion.
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S.D. Fla.·
2023-12-13
The court held that a motion for attorney's fees and costs, including expert witness fees, is subject to the 60-day deadline under Local Rule 7.3(a)(1), and a mistake of law does not constitute excusable neglect for untimeliness.
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S.D. Fla.·
2023-11-17
The court granted plaintiff's motion for an extension of time to respond to discovery requests and to serve out-of-time answers to requests for admissions, finding excusable neglect and no prejudice to the opposing party.
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M.D. Fla.·
2023-11-14
The court held that Plaintiff's motion for reconsideration of the protective order was denied because it failed to meet the extraordinary grounds required for reconsideration and counsel's neglect was not excusable.
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S.D. Fla.·
2023-11-10
The court vacated the clerk's entry of default against the defendant, finding excusable neglect.
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374 So. 3d 34·
Fla. 4th DCA·
2023-11-08
A trial court abuses its discretion in denying a motion to vacate a judgment entered after a party's failure to timely request a trial de novo in a non-binding arbitration when the party demonstrates excusable neglect through a calendaring error and presents a meritorious defense
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M.D. Fla.·
2023-10-30
The court denied the plaintiff's motions to stay the appeal and for reconsideration of disqualification, finding no good cause or excusable neglect and that judicial rulings do not demonstrate disqualifying bias.
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Fla. 1st DCA·
2023-10-11
The appellate court affirmed a trial court's judgment enforcing a non-binding arbitration decision. The appellant failed to file a timely request for a trial de novo, which is a mandatory procedural step to challenge the arbitration award.
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M.D. Fla.·
2023-10-10
The court held that a party's repeated failure to comply with court orders, including the failure to file a required stipulation of agreed material facts with a summary judgment motion, warrants striking the motion and denying a subsequent request to refile it.
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M.D. Fla.·
2023-09-29
The court held that a partial default judgment, where damages remain to be determined, is not a final judgment and can be set aside under the 'good cause' standard of Rule 55(c) if the defendant shows a lack of willful conduct, no prejudice to the plaintiff, a meritorious defense
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S.D. Fla.·
2023-09-22
The court held that a calendaring oversight by administrative staff does not constitute excusable neglect to reopen a case dismissed for failure to comply with a court order.
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M.D. Fla.·
2023-09-13
The court held that the plaintiff's illness and incarceration constituted excusable neglect under Rule 60(b)(1), warranting vacating the prior dismissal and allowing the plaintiff to file a second amended complaint.
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S.D. Fla.·
2023-09-07
The court held that the plaintiff's motion to vacate the dismissal order and reopen the case is denied because the plaintiff's explanation for failing to prosecute was unavailing and lacked legal authority.
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Fla. 3d DCA·
2023-08-30
A constructive consent to termination of parental rights under Florida Statute § 39.801(3)(d) may be set aside under the three-part test requiring the party to demonstrate due diligence, excusable neglect, and the existence of a meritorious defense.
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372 So. 3d 750·
Fla. 6th DCA·
2023-08-25
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M.D. Fla.·
2023-08-21
The court granted plaintiffs' motion to compel, finding defendants waived most objections to discovery requests by failing to raise them timely or with specificity, and denied defendants' untimely request for a protective order.
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S.D. Fla.·
2023-08-14
The court denied the defendant's motion for reconsideration of the order granting a partial extension of time to respond to a motion for partial summary judgment.
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387 So. 3d 353·
Fla. 3d DCA·
2023-08-09
Where a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b) sets forth a colorable entitlement to relief based on excusable neglect, the trial court must conduct an evidentiary hearing rather than summarily denying the motion. An inadvertent calendaring
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369 So. 3d 1172·
Fla. 2d DCA·
2023-08-04
The appellate court reversed a default final judgment of foreclosure, finding that the trial court erred in granting a judicial default. The court held that the default was improperly entered because the defendant filed a responsive pleading before the default was officially ente
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Fla. 3d DCA·
2023-08-02
The Third District Court of Appeal affirmed the lower court's decision in a dispute between Susan Maounis and Igor Shamis, upholding rulings on service of process, default judgment, and liquidated damages claims under Florida law.
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Fla. 1st DCA·
2023-08-02
A trial court abuses its discretion by summarily denying a motion for relief from judgment under Florida Family Law Rule of Procedure 12.540(b)(1) when the motion alleges facts constituting excusable neglect, such as attorney illness and office inadvertence, without holding an ev