Excusable Neglect

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

• 1700 BAY Drive, LLC v. Tony Nights Grp., Inc.
  Fla. 3d DCA· 2022-09-14
  The trial court did not abuse its discretion in its ruling on the motion to vacate the clerk's default and default final judgment.
• Doak v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-13
  Judgment is entered affirming the Commissioner's decision, and in favor of the Commissioner of Social Security against Christopher Kenneth Doak.
• English v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-09
  The court entered judgment affirming the Commissioner's decision, indicating the appeal was resolved.
• Zsuszanna Varga and Zoltan Futaki v. Dongal Invs.
  Fla. 4th DCA· 2022-09-07
  The appellate court reversed a lower court's denial of a motion to vacate a default judgment. The court found that the lower court failed to consider the necessary factors for vacating a default, despite the defendants' explanation of excusable neglect.
• Cohen v. Burlington, Inc.
  S.D. Fla.· 2022-08-23
  The court denied the plaintiff's motion to vacate the default and judgment, and denied the motion for leave to amend the complaint.
• Gaffney v. Ficarrotta
  M.D. Fla.· 2022-07-15
  The Court denied the Plaintiff's emergency motion for a temporary restraining order and preliminary injunction, as well as her request to amend the complaint.
• Anneen Nina Gloria Baum v. Hoffman
  Fla. 5th DCA· 2022-07-01
  Summary judgment was improvidently granted as to Hoffman & Hoffman and Becker & Poliakoff because genuine issues of material fact remained concerning whether those firms negligently failed to respond to the motion to drop parties and dismiss by presenting evidence of good cause o
• Yurian Escobar v. Marino
  Fla. 3d DCA· 2022-06-22
  A trial court's denial of a motion to vacate a default is reviewed for abuse of discretion, and the appellant failed to demonstrate error.
• Lumenes Pierre v. Am. Sec. Ins. Co.
  Fla. 4th DCA· 2022-06-22
  A trial court dismissed a plaintiff's insurance claim because his attorney failed to attend a case management conference. The plaintiff moved to set aside the dismissal under Florida Rule of Civil Procedure 1.540(b) based on a clerical scheduling error by the law firm's staff. Th
• Reid v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2022-06-21
  The court held that the petitioner demonstrated excusable neglect and good cause for an extension of time to file a notice of appeal.
• Brewer-Garrett Co. v. Endurance Assurance Corp.
  M.D. Fla.· 2022-06-21
  The court granted the defendant's motion to set aside the clerk's default and denied the plaintiff's motion for default judgment, finding good cause to allow the case to proceed on the merits.
• Fox v. The Ritz-Carlton Hotel Co., LLC
  S.D. Fla.· 2022-06-15
  The court held that the late filing of the Francis Declaration was due to excusable neglect and that the declaration was admissible for its ministerial purpose of identifying exhibits.
• Vercher v. Omni Hotels Mgmt. Corp.
  M.D. Fla.· 2022-05-17
  The court held that the plaintiff's disclosures of non-retained experts were timely under the default rule, and thus the defendant's motion to preclude expert testimony was denied. The court also granted in part the plaintiff's motion to extend deadlines.
• Bhogte v. Phoenix Mgmt. Servs., Inc.
  S.D. Fla.· 2022-05-09
  The court held that a calendaring error constituted excusable neglect, allowing the case to be reopened.
• Vitaly Parkhomchuk v. AIY, Inc.
  Fla. 3d DCA· 2022-04-20
  Defendants Parkhomchuck and VPNC Logistics appealed a default final judgment entered in a misappropriation case and two orders denying separate Rule 1.540 motions to set aside the judgment. The court dismissed the appeal as to the default judgment and the first Rule 1.540 order d
• Universal Prop. & Cas. Ins. Co. v. Guillaume Dimanche
  Fla. 3d DCA· 2022-04-20
  The appellate court reversed a trial court's default judgment against an insurance company, finding that the default was improperly entered without proper notice and that the company had shown excusable neglect, a meritorious defense, and due diligence in seeking to set aside the
• Marcelus v. Aqua Fin., Inc.
  Fla. 4th DCA· 2022-04-20
• Dinh Nguyen v. HOA Nguyen
  Fla. 5th DCA· 2022-03-31
  Dinh Nguyen appeals orders denying his motion to vacate default judgments and a judicial sale of property in an eviction action. The court held that the county court lacked subject matter jurisdiction because the counterclaim seeking damages exceeding $15,000 should have triggere
• Cape Christian Fellowship, Inc. v. Landmark Am. Ins. Co.
  M.D. Fla.· 2022-03-31
  The court held that the plaintiff forfeited its right to appraisal due to significant delay and active participation in litigation inconsistent with that right. The court also denied the plaintiff's motion to extend expert disclosure deadlines due to a lack of good cause.
• Clark v. Hager
  M.D. Fla.· 2022-03-30
  The court granted the motion to vacate dismissal and reopened the case, finding good cause and excusable neglect.
• Cardona v. Firstbank Puerto Rico
  336 So. 3d 418· Fla. 3d DCA· 2022-03-30
  Defendants in a foreclosure action appeal a default judgment entered against them while their attorney was actively negotiating settlement with plaintiff's counsel. The trial court denied defendants' motion to vacate the default judgment, and the appellate court reversed, holding
• United States v. Approximately $3
  S.D. Fla.· 2022-03-28
  The court held that Maria Montero's claims lacked standing and granted the government's motion to strike them, while denying Guillermo Montero's motion for reconsideration of a prior order striking his claims.
• K. E. v. Dept. of Child. & Families
  Fla. 2d DCA· 2022-03-18
  The appellate court affirmed the termination of a father's parental rights, despite his disconnection from a remote hearing. The court held that the father should have filed a motion to vacate the judgment, rather than appealing directly, to determine if his disconnection was vol
• Alonzie Wiggins v. Brightview Landscape Servs., Inc.
  Fla. 4th DCA· 2022-03-16
  Alonzie Wiggins sued his former employer Brightview for negligence stemming from a 2015 workplace injury. After Brightview failed to appear despite proper service, the clerk entered a default and a jury awarded Wiggins $2.5 million in damages without Brightview's participation. T
• Alonzie Wiggins v. Brightview Landscape Servs., Inc.
  Fla. 4th DCA· 2022-03-16
  The appellate court reversed a trial court's denial of a motion to vacate a default judgment, finding that Brightview Landscape Services' failure to defend a negligence lawsuit due to a clerical and systems error in coding the case as a resolved workers' compensation matter const
• Tarra Williams v. Fernandez
  Fla. 2d DCA· 2022-03-04
  The appellate court reversed a trial court's decision to grant relief from a settlement proposal, finding that the defendants failed to provide sufficient evidence of excusable neglect and that the statute governing settlement proposals does not allow for rescission based on unil
• United States v. Lawson
  S.D. Fla.· 2022-02-11
  The court denied the government's motion for summary judgment because genuine issues of material fact remain regarding the tolling of the statute of limitations for tax collection. The court also denied the government's motion for leave to supplement its motion and its motion to
• NYC Constr. Grp., Inc. v. Aniel Jerome and Errol Wilson
  Fla. 4th DCA· 2022-02-02
  NYC Construction Group appealed the denial of its Rule 1.540(b) motion to vacate a final judgment entered against it for breach of contract after it failed to appear at an evidentiary hearing. The appellate court agreed that NYC's failure to appear was due to excusable neglect—a
• NYC Constr. Grp., Inc. v. Aniel Jerome and Errol Wilson
  Fla. 4th DCA· 2022-02-02
  The appellate court reversed a final judgment against NYC Construction Group, Inc. (NYC) because the trial court erred in denying NYC's motion to vacate the judgment. NYC's failure to appear at a hearing was due to a calendaring error, which the appellate court found constituted
• Karina Barg v. Casablanca on the BAY, Inc.
  Fla. 3d DCA· 2022-01-26
  Karina Barg appealed a trial court's order setting aside a final default judgment against Casablanca on the Bay, Inc. The court found that the defendant established excusable neglect for failing to respond to service of process, and the appellate court affirmed this determination
• Bahr v. NCL (Bahamas) Ltd.
  S.D. Fla.· 2022-01-03
  The court clarified that Dr. Rosado's test results and factual observations are admissible, but not personal opinions on credibility. Dr. Lichtblau cannot testify on lumbar fusion surgery costs but can testify on other spinal conditions and future care costs. Dr. Sala can testify
• Wayman v. 3m Co.
  N.D. Fla.· 2021-12-10
  The court held that Colorado's learned intermediary, sophisticated intermediary, and bulk supplier defenses are inapplicable to a manufacturer of a consumer product marketed directly to the public, but allowed defendants to amend their answer to provide an adequate nonparty desig
• Bendinelli v. Wal-Mart Stores E., LP
  M.D. Fla.· 2021-12-02
  The court granted summary judgment for Wal-Mart because the plaintiff failed to provide sufficient evidence of actual or constructive notice of the dangerous condition and failed to establish a causal link between the fall and his injuries.
• Life Ins. Co. of the Sw. v. Greenbaum
  M.D. Fla.· 2021-11-16
  The court granted the motion to extend the discovery deadline and ordered discovery requests to be re-served.
• Rosita Jesser v. Beckell
  Fla. 3d DCA· 2021-11-03
  Appellants Rosita Jesser, Lorena Attalah, and Yolanda Kenny appealed a trial court's order denying their motion under Florida Rule of Civil Procedure 1.540(b) to vacate or set aside a partial summary judgment. The appellate court affirmed the trial court's denial, finding no abus
• Berggren v. N. Miami Bagels, Inc.
  Fla. 3d DCA· 2021-10-20
  Helen Berggren and Howard Galbut appealed a trial court order vacating a default judgment against North Miami Bagels, Inc. The appellate court reversed, finding the trial court erred by failing to apply a presumption of service when Berggren's counsel mailed the trial order to Ba
• Paradise Fam., LLC v. Potential Claimant(s)
  M.D. Fla.· 2021-10-13
  The court held that the motion to compel attorney's fees was premature because the parties had not conferred in good faith to stipulate to reasonable expenses and the invoice lacked sufficient detail.
• Frees v. United Airlines
  M.D. Fla.· 2021-09-17
  The court held that it lacked jurisdiction to consider an untimely motion for an extension of time to amend a complaint after the deadline had expired, as the prior order had become a final judgment.
• Robinson v. Hot Grabba Leaf LLC
  S.D. Fla.· 2021-09-02
  The court held that the defendant's motion to vacate the default judgment and the clerk's entry of default should be granted because the defendant showed a meritorious defense, no prejudice to the plaintiff, and good cause for its failure to respond.
• Jafari Carlos v. Yolie Carlos
  Fla. 4th DCA· 2021-08-18
  A trial court must allow a plaintiff an opportunity to show good cause or excusable neglect before dismissing an action for failure to effect service within 120 days of filing, and cannot dismiss without first providing such opportunity.
• Ortiz v. Howard Ave. Station, LLC
  M.D. Fla.· 2021-08-09
  The district court held that the appeal must be dismissed because it was untimely filed, rendering the court without subject matter jurisdiction.
• Ortiz v. Howard Ave. Station, LLC
  M.D. Fla.· 2021-07-30
  The Court grants the motion to dismiss because the appeal was untimely filed and the order appealed from was not a final order, thus the Court lacks jurisdiction.
• Commodities & Minerals Enter. Ltd. v. CVG Ferrominera Orinoco C.A.
  S.D. Fla.· 2021-07-08
  The court held that insufficient service of process, specifically the failure to serve a summons on a foreign state instrumentality, renders a judgment void and requires vacatur under Federal Rule of Civil Procedure 60(b)(4).
• Kitchen Design Cabinets, Inc. v. Dionysia Bentley
  320 So. 3d 1013· Fla. 1st DCA· 2021-07-06
  The appellate court affirmed the trial court's order denying a motion to vacate a clerk's default. The court found that the appellant failed to demonstrate excusable neglect and that the trial court did not abuse its discretion in its factual findings.
• Garrison v. United States
  M.D. Fla.· 2021-06-23
  The court held that an attorney's misinterpretation of service rules does not constitute good cause for an extension of time to serve a complaint.
• Andersen v. Royal Caribbean Cruises Ltd
  S.D. Fla.· 2021-06-07
  The court denied the defendant's motion for relief from a prior order and for reconsideration, finding no basis for vacating the dismissal or reconsidering the prior ruling.
• Roll v. Enhanced Recovery Co., LLC
  M.D. Fla.· 2021-06-03
  The court recommended granting the motion to reopen the case because the parties demonstrated excusable neglect in filing settlement documents without first reopening the action.
• Mattos v. Nat'l W. Life Ins. Co.
  S.D. Fla.· 2021-05-21
  The court held that a party's misunderstanding of procedural rules, even if leading to an untimely challenge, does not constitute excusable neglect under Rule 60(b)(1). Furthermore, broad delegation provisions clearly indicate intent to arbitrate gateway issues like arbitrability
• Jimenez v. United States
  S.D. Fla.· 2021-05-19
  Summary judgment is granted for the defendant because the plaintiff failed to timely provide expert testimony establishing the standard of care and its breach, and the provided expert opinions did not support the plaintiff's claims.
• Century - Nat'l Ins. Co. v. Frantz
  320 So. 3d 929· Fla. 2d DCA· 2021-05-12
  The appellate court reversed a lower court's order finding a lack of personal jurisdiction. The court held that the defendant waived any objection to personal jurisdiction by failing to raise it in his initial responsive filings, instead only arguing excusable neglect for a defau