Excusable Neglect

1,860 Florida cases classified under this topic, plus 85 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baptist Hosp. OF Miami, Inc. v. Demario
  661 So. 2d 319· Fla. 3d DCA· 1995-09-06 ·cited 46×
  A class cannot be certified based solely on a default; however, a default may stand against an individual claim if excusable neglect is not shown.
• Maylon B. Clinkscales t/a Clinkscales Oil Co. v. Chevron U.S.A., Inc.
  831 F.2d 1565· 11th Cir.· 1987-11-13 ·cited 46×
  The court held that the district court did not abuse its discretion in denying leave to file a surrebuttal brief and that summary judgment for Chevron was proper because Clinkscales's failure to cure monetary defaults constituted a valid ground for termination under the PMPA.
• Alphonso Thompson v. The Hous. Auth. OF the City OF LOS Angeles
  782 F.2d 829· 9th Cir.· 1986-02-11 ·cited 46×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to comply with pretrial orders and local rules, nor in denying the motion for relief under Rule 60(b).
• Winky's, Inc. v. Ivy M. Francis
  229 So. 2d 903· Fla. 3d DCA· 1969-12-30 ·cited 46×
  Winky's, Inc. appealed a default judgment and final judgment in a premises liability case brought by Ivy M. Francis. The appellate court affirmed the trial court's denial of Winky's motion to set aside the default, holding that the defendant failed to meet its burden of proving i
• United States v. Long
  905 F.2d 1572· D.C. Cir.· 1990-06-22 ·cited 45×
  The court held that a defendant cannot be convicted of 'using' a firearm under 18 U.S.C. § 924(c)(1) without evidence of actual or constructive possession of the firearm. The court also held that a telephone call inquiring about drug availability, without intent to assert drug de
• United States v. Christoph
  904 F.2d 1036· 6th Cir.· 1990-05-25 ·cited 45×
  The court affirmed the district court's refusal to reduce the sentence for acceptance of responsibility and its upward departure from the Sentencing Guidelines, finding the notice of appeal was timely filed.
• Marshall Davis, Inc. v. Incapco, Inc.
  558 So. 2d 206· Fla. 2d DCA· 1990-03-23 ·cited 45×
  Marshall Davis, Inc. appeals a default judgment entered against it after its employee failed to forward suit papers to company counsel. The court reversed, holding that the trial court abused its discretion in refusing to set aside the default where the defendant demonstrated dil
• Delvina E. Lorenzen v. Emps. Ret. Plan OF THE Sperry & Hutchinson Co., Inc.
  896 F.2d 228· 7th Cir.· 1990-02-15 ·cited 45×
  A notice of appeal filed before the disposition of a Rule 59 motion is nullified and a new notice must be filed.
• DiSARRIO v. Mills
  711 So. 2d 1355· Fla. 2d DCA· 1998-06-17 ·cited 44×
  Disarrio challenges the trial court's finding that the Mills' attorney's failure to appear at a pretrial conference constituted excusable neglect under Florida law. The court reverses, holding that excusable neglect cannot be proven through unsworn statements and must be supporte
• Equal Emp. Opportunity Comm'n v. Mike Smith Pontiac GMC, Inc.
  896 F.2d 524· 11th Cir.· 1990-03-14 ·cited 44×
  The court held that the district court erred in its calculation of back pay and in failing to make a conclusive finding on whether the plaintiff would have completed training, vacating the judgment and remanding for further proceedings.
• Kagan v. Caterpillar Tractor Co.
  795 F.2d 601· 7th Cir.· 1986-07-07 ·cited 44×
  The court held that the district court did not abuse its discretion in denying the motion to reconsider the dismissal of the plaintiff's action, as the attorneys' conduct did not constitute excusable neglect or exceptional circumstances justifying relief under Rule 60(b), and the
• Ellingsworth v. Clark Chrysler and Carol Banning
  665 F.2d 180· 7th Cir.· 1981-12-01 ·cited 44×
  The court held that the district court abused its discretion in denying the motion to set aside the default judgment, as the defendants' failure to appear was due to excusable neglect and they had presented meritorious defenses.
• Lavina Torockio v. Chamberlain MFG. Co.
  456 F.2d 1084· 3d Cir.· 1972-03-13 ·cited 44×
  The district court may, at any time, consider a motion to validate a late-filed notice of appeal within sixty days of judgment for excusable neglect, and to this extent, prior case law is overruled.
• Gulliver Acad., Inc. v. Bodek
  694 So. 2d 675· Fla.· 1997-02-06 ·cited 43×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether the 30-day deadline for filing a motion for attorney fees under Florida's offer-of-judgment statute is jurisdictional or procedural. The Court held that the deadline is procedural and may
• Airline Pilots IN the Serv. OF Executive Airlines, Inc. v. Executive Airlines, Inc.
  569 F.2d 1174· 1st Cir.· 1978-02-02 ·cited 43×·via Excusable Neglect Standard
  A clerical error by an attorney's staff in calendaring an appeal deadline does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a).
• Pedro Realty Inc. v. Silva
  399 So. 2d 367· Fla. 3d DCA· 1981-04-28 ·cited 42×
  Pedro Realty Inc. appealed the trial court's denial of its motion to vacate a default judgment entered against it as a third-party defendant. The court reversed, holding that where a defendant promptly seeks to vacate a default, demonstrates excusable neglect, and presents a meri
• Selph v. Council OF the City OF LOS Angeles
  593 F.2d 881· 9th Cir.· 1979-03-22 ·cited 42×·via Excusable Neglect Standard
  The court held that it lacked jurisdiction because the notice of appeal was not filed within the time prescribed by Rule 4(a), F.R.A.P., and the district court improperly granted an untimely extension.
• In re the Est. of Butler's Tire & Battery Co., Inc. v. Ferrous Fin. Servs.
  592 F.2d 1028· 9th Cir.· 1979-01-18 ·cited 42×·via Excusable Neglect Standard
  The court held that the district court lacked jurisdiction because the bankruptcy court abused its discretion in granting an extension for filing the notice of appeal, as the request for extension was not timely and did not demonstrate excusable neglect.
• Westinghouse Credit Corp. v. Steven Lake Masonry, Inc.
  356 So. 2d 1329· Fla. 4th DCA· 1978-04-04 ·cited 42×
  Westinghouse Credit Corporation sought to reinstate a default judgment against Steven Lake Masonry, Inc. and related defendants after the trial court set it aside. The court held that the defendants' failure to act promptly after learning of the default, combined with their attor
• Wagner v. United States
  316 F.2d 871· 2d Cir.· 1963-04-25 ·cited 42×
  The court held that a motion to vacate a judgment under Rule 60(b)(6) cannot be used to circumvent strict time limits for filing an appeal.
• United States v. Karahalias
  205 F.2d 331· 2d Cir.· 1953-06-02 ·cited 42×
  The court held that the defendant's prolonged absence from the U.S. due to his wife's illness and the war, coupled with his limited understanding of the legal proceedings, constituted grounds for reopening a default judgment of denaturalization under Rule 60(b)(6).
• Rash N'Karry Wholesale Supermarkets, Inc. v. Ceasar V. Garcia
  221 So. 2d 786· Fla. 2d DCA· 1969-04-18 ·cited 41×
  In this negligence case, the trial court entered summary judgment for the defendant supermarket, but later set it aside after the plaintiff filed motions to reconsider. The appellate court reversed and remanded to determine whether the plaintiff's counsel's delay in receiving not
• L. P. Steuart, Inc. v. Matthews
  329 F.2d 234· D.C. Cir.· 1964-01-16 ·cited 41×
  The court held that a district court did not abuse its discretion in reinstating a case dismissed for failure to prosecute, applying Rule 60(b)(6) to relieve a diligent client from counsel's gross neglect.
• Broward Cnty. v. Perdue
  432 So. 2d 742· Fla. 4th DCA· 1983-06-08 ·cited 40×
  Broward County appealed the trial court's denial of its motion to set aside a default judgment entered due to a clerical error where court documents were accidentally misfiled. The appellate court reversed, holding that the trial court abused its discretion by refusing to vacate
• Consol. Aluminum Corp. v. Weinroth
  422 So. 2d 330· Fla. 5th DCA· 1982-10-20 ·cited 40×
  Consolidated Aluminum Corporation appealed the trial court's denial of its motion to vacate a default judgment. The appellate court affirmed, holding that the appellant waived its challenge to personal jurisdiction by failing to raise it in its first pleading, and that the trial
• State OF Or. v. Champion Int'l Corp.
  680 F.2d 1300· 9th Cir.· 1982-07-09 ·cited 40×·via Excusable Neglect Standard
  The court held that the district court did not abuse its discretion in denying the motion for an extension of time to file a notice of appeal, as the inadvertent misaddressing of the notice did not constitute excusable neglect.
• Boughner v. Secretary OF Health
  572 F.2d 976· 3d Cir.· 1978-03-08 ·cited 40×
  The court held that gross neglect by an attorney, amounting to abandonment of clients, constitutes an exceptional circumstance justifying relief from a judgment under Federal Rule of Civil Procedure 60(b)(6), even though the clients are generally bound by their attorney's actions
• Perry v. Univ. Cabs, Inc.
  344 So. 2d 914· Fla. 3d DCA· 1977-04-05 ·cited 40×
  This interlocutory appeal involves a plaintiff's challenge to a trial court's order setting aside a default judgment entered against the defendant. The court reversed, holding that a defendant seeking to set aside a default must show a meritorious defense through sworn testimony,
• United States v. Stolarz
  547 F.2d 108· 9th Cir.· 1976-12-20 ·cited 40×
  The court held that the notice of appeal was untimely filed and that the district court's acceptance of the notice did not constitute a grant of extension. However, the court remanded the case to allow the appellant to seek an extension based on excusable neglect.
• Cent. Operating Co. v. Util. Workers OF Am., AFL-CIO
  491 F.2d 245· 4th Cir.· 1974-01-24 ·cited 40×
  The court held that extraterritorial service on a national union's agent in another state, without specific statutory authorization, does not establish personal jurisdiction. It also held that failure to provide notice of a continuance order to a party already in default does not
• Thorpe v. Thorpe
  364 F.2d 692· D.C. Cir.· 1966-06-30 ·cited 40×
  The court held that the district court abused its discretion by imposing an unprecedented and potentially impossible condition for vacating a default judgment without sufficient justification.
• Plant Econ., Inc. v. Mirror Insulation Co., Inc.
  308 F.2d 275· 3d Cir.· 1962-09-26 ·cited 40×
  An ex parte order extending the time to appeal, granted after the original appeal period has expired, is void and cannot cure a late filing.
• LYN v. LYN
  884 So. 2d 181· Fla. 2d DCA· 2004-07-23 ·cited 39×
  Kelly A. Lyn appeals the denial of her request for attorneys' fees in a dissolution of marriage action, claiming the trial court erred in striking her motion as untimely under Florida Rule of Civil Procedure 1.525. The appellate court affirms, holding that the 30-day deadline for
• Hooters OF Am., Inc. v. Carolina Wings, Inc.
  655 So. 2d 1231· Fla. 1st DCA· 1995-05-25 ·cited 39×
  Hooters appeals a default judgment awarding Carolina Wings $5.4 million in damages for breach of a development agreement granting Carolina a right of first refusal on Hooters restaurants. The court reversed in part, finding that damages for three restaurants (Harborplace, St. Lou
• Gunn v. Lanson Newsome
  881 F.2d 949· 11th Cir.· 1989-08-07 ·cited 39×
• Ryals v. Estelle
  661 F.2d 904· 5th Cir.· 1981-11-18 ·cited 39×
  The court held that an untimely filed notice of appeal cannot be made timely by a district court's subsequent grant of a certificate of probable cause, as this does not confer jurisdiction.
• Jackson v. Beech
  636 F.2d 831· D.C. Cir.· 1980-12-19 ·cited 39×
  The court held that a default judgment should be set aside when the default was not willful, setting aside the judgment would not prejudice the plaintiff, and the defendants have alleged a meritorious defense, even if attorney negligence was involved.
• Zeigler v. Huston
  626 So. 2d 1046· Fla. 4th DCA· 1993-11-10 ·cited 38×
  The court held that a default entered without notice to a party who has appeared violates due process and must be vacated.
• Bayview Tower Condo. Ass'n, Inc. v. Schweizer
  475 So. 2d 982· Fla. 3d DCA· 1985-09-17 ·cited 38×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate a clerk's default.
• Rayford v. Pryor, Jr.
  769 F.2d 281· 5th Cir.· 1985-08-26 ·cited 38×
  The court held that the appeal from the dismissal was untimely and that the denial of the motion to retain, treated as a Rule 60(b) motion, was not an abuse of discretion due to untimeliness and lack of extraordinary circumstances.
• Shipp v. Gen. Motors Corp.
  750 F.2d 418· 5th Cir.· 1985-01-14 ·cited 38×
  The court held that there was sufficient evidence to support the jury's findings of defective roof design and producing cause, and that the district court did not err in its evidentiary rulings regarding demonstrative evidence.
• Schwarz v. United States
  384 F.2d 833· 2d Cir.· 1967-11-08 ·cited 38×
  The court held that dismissal for failure to prosecute, even after a Rule 60(b) motion, is not an abuse of discretion when counsel's neglect is inexcusable and the client's remedy lies in a malpractice suit against counsel.
• OLE, Inc. v. Yael Yariv
  566 So. 2d 812· Fla. 3d DCA· 1990-09-04 ·cited 37×
  The default should have been set aside because the plaintiffs had actual knowledge that Ole intended to defend the lawsuit, and alternatively, the circumstances constituted excusable neglect.
• John H. Redfield in Bankruptcy of Anthony Cairo v. Cont'l Cas. Corp.
  818 F.2d 596· 7th Cir.· 1987-05-06 ·cited 37×
  The court held that the attorney's carelessness in miscalculating the deadline for filing a notice of appeal did not constitute excusable neglect, and the district court abused its discretion in granting an extension.
• Lazcar Int'l, Inc. v. Caraballo
  957 So. 2d 1191· Fla. 3d DCA· 2007-03-21 ·cited 36×
  Lazcar International appealed a trial court order vacating a default judgment against Caraballo. The court reversed, holding that Caraballo failed to demonstrate due diligence in seeking relief from the default, as he waited six weeks after learning of the judgment and relied on
• Barnett v. Barnett
  718 So. 2d 302· Fla. 2d DCA· 1998-09-11 ·cited 36×
  Susan Barnett appealed two post-judgment orders in her divorce case from Larry Barnett. The court affirmed the denial of her motion to disqualify the trial judge as untimely, but reversed the judge's order vacating a default judgment entered against Larry Barnett as a sanction fo
• United Coin Meter Co., Inc. v. Seaboard Coastline Railroad
  705 F.2d 839· 6th Cir.· 1983-04-21 ·cited 36×
  The court held that the district court abused its discretion by denying Seaboard's motion to set aside the default judgment without considering all relevant factors, including the existence of a meritorious defense and the non-willful nature of the default.
• Quality Prefabrication, Inc. v. Daniel J. Keating Co. & Daniel J. Keating Co. as Agent in fact for Keating Saudi Arabia
  675 F.2d 77· 3d Cir.· 1982-03-30 ·cited 36×
  The court affirmed the dismissal of the complaint, finding no abuse of discretion, but established a new rule requiring district courts to articulate reasons for dismissal under Rule 37 sanctions for prospective application.
• In re Orbitec Corp. v. Schindler
  520 F.2d 358· 2d Cir.· 1975-07-31 ·cited 36×
  A motion for an extension of time to file a notice of appeal cannot substitute for the notice of appeal itself, even if the motion alleges excusable neglect.
• In re Fla. Rules OF Civil Procedure 1967 Revision
  187 So. 2d 598· Fla.· 1966-06-15 ·cited 36×
  The Florida Supreme Court adopted comprehensive revised Civil Procedure Rules effective January 1, 1967, consolidating separate law and equity rules into a unified set of civil procedure rules with modernized procedures and forms.