-
M.D. Fla.·
2023-07-24
The court denied the plaintiff's motion for sanctions, finding it untimely and that the defendant's objections during the deposition were permissible.
-
Fla. 2d DCA·
2023-07-12
The appellate court affirmed a lower court's grant of summary judgment for a title insurance company. The court found that a lease for a sign area on a property was void because the sign was an illegal off-site sign, and therefore, it did not constitute a covered encumbrance unde
-
S.D. Fla.·
2023-07-07
The court held that a motion for reconsideration under Rule 60(b) requires a showing of clear error or manifest injustice, which the plaintiff failed to demonstrate by not properly joining previously dismissed defendants.
-
M.D. Fla.·
2023-06-28
The court held that the defendant established good cause to set aside the clerk's default due to counsel's inadvertent failure to calendar the complaint, and that vacating the default would not prejudice the plaintiff.
-
S.D. Fla.·
2023-05-25
The court held that the decedent's estate is a citizen of Florida, destroying diversity jurisdiction, and therefore granted the motion to remand.
-
Fla. 4th DCA·
2023-05-24
A trial court abuses its discretion in denying a motion to vacate a default final judgment under Florida Rule of Civil Procedure 1.540(b) when the movant establishes excusable neglect (such as e-filing system failures or family illness), a meritorious defense (such as lack of fra
-
Fla. 4th DCA·
2023-05-24
The appellate court reversed a trial court's denial of a motion to vacate a default judgment. The court found that the appellants' attorney's failure to attend a case management conference constituted excusable neglect, that the appellants had a meritorious defense, and that they
-
Fla. 3d DCA·
2023-05-24
An insurer is not liable for prejudgment interest from the date of loss when it timely pays an appraisal award without having denied coverage, even if the insurer fails to respond promptly to the initial proof of loss. The Lugassy exception applies only when an insurer expressly
-
Fla. 4th DCA·
2023-05-10
The appellate court reversed a default final judgment against Willie Wright, finding that the lower court abused its discretion in denying his motion to set aside the default. The court held that Wright acted with due diligence in seeking to set aside the default after mistakenly
-
M.D. Fla.·
2023-05-10
The court held that the plaintiff failed to demonstrate excusable neglect or good cause for an extension of time to file a notice of appeal.
-
M.D. Fla.·
2023-04-06
The court denied the plaintiff's motion for reconsideration because the plaintiff failed to present newly discovered evidence or demonstrate manifest errors of law or fact.
-
Fla. 4th DCA·
2023-03-29
The appellate court reversed a trial court's decision to grant summary disposition and deny a motion to vacate. The court held that the assignee was not required to prove a meritorious defense to vacate the order, as this requirement only applies to defendants seeking to set asid
-
Fla. 4th DCA·
2023-03-29
A party seeking to vacate a final judgment in small claims based on excusable neglect need not prove a meritorious defense; the requirement of a meritorious defense applies only to defendants seeking to vacate a default judgment. The trial court abused its discretion in denying t
-
M.D. Fla.·
2023-03-20
The court entered a judgment dismissing one defendant with prejudice, with each party bearing their own costs and fees.
-
Fla. 3d DCA·
2023-03-15
The appellate court affirmed a lower court's decision denying prejudgment interest to an insured, Hawks Nest Condominium, against its insurer, Westchester Surplus Lines Insurance Company. The court found that the insurer's actions, including a delayed response and subsequent paym
-
Fla. 3d DCA·
2023-03-15
An insurer that does not deny coverage but instead pays a covered loss within the timeframe prescribed by the policy is not liable for prejudgment interest from the date of loss. A denial of coverage must be affirmative; an insurer's failure to communicate or delay in responding,
-
Fla. 4th DCA·
2023-03-08
The appellate court reversed a trial court's denial of a motion to vacate a protective injunction. The court found that the appellant's failure to attend the hearing, due to confusion caused by improper service and the attachment of a prior dismissed petition, constituted excusab
-
358 So. 3d 29·
Fla. 4th DCA·
2023-03-08
A third-party complaint under Florida Rule of Civil Procedure 1.180 must allege a claim for indemnification, subrogation, or contribution before asserting any other claim, and a third-party claim arising from a transaction unrelated to the original plaintiff's claims is improper.
-
Fla. 4th DCA·
2023-03-08
A party's failure to attend an adversarial hearing on an injunction petition constitutes excusable neglect when the party receives only twenty-four hours' notice and the circumstances create justifiable confusion about whether counsel was properly notified. Vacating is warranted
-
357 So. 3d 253·
Fla. 5th DCA·
2023-02-17
A complaint alleging failure to diagnose back fractures in an emergency room setting constitutes medical negligence rather than a statutory violation under section 395.1041, and is time-barred under the statute of limitations and statute of repose for medical malpractice when fil
-
S.D. Fla.·
2023-02-09
The court held that the defendant's default was willful, thus denying his motion to vacate, and granted the plaintiff's motion for default judgment because the well-pleaded allegations stated a claim for relief.
-
S.D. Fla.·
2023-02-01
The court held that Garnishees demonstrated good cause to vacate the default because their delay was not willful or culpable, they caused no substantial prejudice to the plaintiffs, and they presented a meritorious defense, and therefore, the court could not enter default judgmen
-
M.D. Fla.·
2023-01-27
The court denied the plaintiffs' motion for reconsideration because their filing mistake was not excusable and their amended complaint remained a shotgun pleading.
-
Fla. 2d DCA·
2023-01-20
The appellate court reversed a trial court's denial of a motion to set aside a dismissal for lack of prosecution. The court found that the plaintiff's claim of being told the case was dismissed before he could even call in presented a colorable claim of excusable neglect and due
-
M.D. Fla.·
2023-01-20
The Court defers ruling on Plaintiff's motion for reconsideration pending further compliance with court directives.
-
Fla. 3d DCA·
2023-01-18
-
Fla. 3d DCA·
2023-01-11
The trial court abused its discretion in granting the plaintiffs' Rule 1.540(b) motion for relief from judgment because the plaintiffs failed to demonstrate excusable neglect and were improperly allowed to raise a new substantive defense (equitable subrogation) that should have b
-
Fla. 4th DCA·
2022-12-14
-
Fla. 4th DCA·
2022-12-14
A timely amended tax return filed within the statutory period for filing the original return is effective as part of the 'first return' and must be given effect by the Internal Revenue Service, even if it changes the taxpayer's election of taxable year to a later date that would
-
Fla. 4th DCA·
2022-12-14
Plaintiff failed to meet its burden of proving that Mexican income taxes were actually withheld or paid during the taxable year 1958, and therefore is not entitled to a foreign tax credit or refund of federal income taxes paid.
-
Fla. 4th DCA·
2022-12-14
-
M.D. Fla.·
2022-12-05
The court granted plaintiffs' motion for leave to serve limited financial worth discovery for punitive damages, finding minimal good cause and excusable neglect, but denied their motion for sanctions against the defendant for inadequate corporate representative depositions.
-
S.D. Fla.·
2022-11-30
The court held that the cross-defendants' failure to timely respond to the cross-claim was due to excusable neglect and good cause, warranting setting aside the default.
-
M.D. Fla.·
2022-11-28
The court granted the plaintiff's motion for relief from technical admissions and denied the defendant's motion to strike and for sanctions.
-
Fla. 5th DCA·
2022-11-18
Summary judgment was improvidently granted for Hoffman & Hoffman and Becker & Poliakoff because genuine issues of material fact exist regarding whether they had a duty to respond to the motion to drop parties and dismiss and whether presenting evidence of good cause or excusable
-
S.D. Fla.·
2022-11-15
The Court denies the Plaintiff's motion to vacate the order of dismissal.
-
M.D. Fla.·
2022-11-14
The court denied the plaintiffs' motion for reconsideration because they failed to demonstrate a mistake, newly discovered evidence, or clear error, and did not properly effect service.
-
M.D. Fla.·
2022-11-09
The court entered judgment for the Plaintiff on the negligence claim, awarding a specific monetary amount plus prejudgment interest.
-
M.D. Fla.·
2022-11-08
The court held that plaintiffs' bare assertion of miscalculating a deadline does not constitute excusable neglect under Rule 60(b)(1) to vacate an unopposed summary judgment.
-
M.D. Fla.·
2022-11-07
The court denied the defendant's motion for reconsideration because the defendant failed to demonstrate a change in controlling law, newly discovered evidence, clear error, or manifest injustice.
-
M.D. Fla.·
2022-10-31
The court denied the plaintiff's motion for reconsideration, finding that the plaintiff's violations of a prior court order were not due to mistake or excusable neglect.
-
S.D. Fla.·
2022-10-25
A party seeking to extend an expired scheduling order deadline must demonstrate both good cause and excusable neglect, and failure to act diligently or presenting misleading information will result in denial.
-
S.D. Fla.·
2022-10-17
Seven Stars on the Hudson Corporation, which operated a trampoline park as a tenant in a facility owned by MDG and managed by XBK, sued for business interference and breach of contract after the defendants allegedly took actions to disrupt its operations. The district court affir
-
Fla. 3d DCA·
2022-09-30
The appellate court reversed a trial court's denial of a motion for relief from judgment, finding that the appellants demonstrated excusable neglect for failing to appear at a show cause hearing. This decision emphasizes Florida's policy favoring the resolution of disputes on the
-
Fla. 3d DCA·
2022-09-30
Condominium unit owners appealed the trial court's denial of their motion for relief from a default judgment entered after they failed to appear at a show cause hearing. The appellate court reversed, finding that the owners demonstrated excusable neglect based on an honest but er
-
M.D. Fla.·
2022-09-28
The court affirmed the Commissioner's final decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
-
Fla. 2d DCA·
2022-09-23
All My Sons Moving & Storage appeals a default final judgment entered against it for failure to pay for truck repairs. The appellate court reverses the trial court's denial of AMS's motion to set aside the default, finding that AMS established excusable neglect, identified a meri
-
M.D. Fla.·
2022-09-19
The court affirmed the Acting Commissioner's decision and entered judgment for the Commissioner against Sarah Dennis.
-
M.D. Fla.·
2022-09-15
Judgment was entered in favor of defendants for attorneys' fees, and any motions for fees/costs must be filed within 14 days of judgment.
-
M.D. Fla.·
2022-09-15
The court entered judgment affirming the Commissioner's decision, indicating the administrative decision was upheld.