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S.D. Fla.·
2021-04-27
The court granted defendants' motion for leave to file a supplemental and amended statement of material facts, finding their failure to comply with local rules was inadvertent and did not prejudice the plaintiffs.
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Fla. 4th DCA·
2021-04-21
A contractor appeals a trial court's order vacating a default judgment against homeowners who failed to timely respond to his complaint regarding an improperly filed construction lien. The court reversed, holding that the homeowners failed to establish the requisite elements for
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Fla. 4th DCA·
2021-04-21
Jose Bianchi appealed a trial court's order granting his motion to set aside a dismissal of his preschool-related lawsuit against Alba Arriechi, Ricardo Blanco, and Little Wonders Preschool. The appellate court reversed, holding that Bianchi failed to meet the requirements under
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S.D. Fla.·
2021-04-21
The court held that the plaintiff's motion to reinstate or reopen the complaint was denied because the plaintiff failed to demonstrate good cause or excusable neglect for failing to timely serve the defendant, and the circumstances did not warrant vacating the dismissal under Rul
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M.D. Fla.·
2021-04-13
The court held that faulty service and the plaintiffs' attorney's sharp practices, including failing to inform opposing counsel and misrepresenting service to the court, warranted vacating the default judgment.
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S.D. Fla.·
2021-04-08
The court held that the plaintiff failed to establish good cause and excusable neglect to reopen discovery for a non-party deposition after the deadline had expired.
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M.D. Fla.·
2021-04-07
The court held that an insurer's motion to quash subpoenas based on work-product privilege was denied because the report was disclosed to opposing counsel, waiving the privilege, and the insurer failed to demonstrate the report was prepared in anticipation of litigation. The cour
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M.D. Fla.·
2021-03-31
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2021-03-23
The court held that a motion to vacate a default judgment was properly denied because the defendant failed to show excusable neglect and violated a court order.
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S.D. Fla.·
2021-03-15
The court denied the plaintiff's motion for an extension of time to conduct limited discovery and to overrule the defendant's work product objection.
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M.D. Fla.·
2021-03-15
The court held that a motion to compel discovery filed after the discovery deadline is presumptively untimely and may be denied without further consideration.
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Fla. 4th DCA·
2021-03-03
A trial court does not abuse its discretion in refusing to vacate a default entered under section 39.801(3)(d), Florida Statutes, where a parent fails to appear at the designated start time of a videoconference hearing and provides an explanation of oversleeping that lacks credib
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Fla. 3d DCA·
2021-02-24
A trial court abuses its discretion by dismissing a complaint with prejudice for failure to timely amend without either providing separate notice of the motion to dismiss with prejudice or including language in the original leave-to-amend order that dismissal will occur without f
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S.D. Fla.·
2021-02-23
The court held that defendants' motion to set aside a default order striking their affirmative defenses must be denied because their failure to respond was intentional and not due to excusable neglect.
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M.D. Fla.·
2021-02-22
The court held that the plaintiff's expert disclosure was insufficient and granted the plaintiff an extension of time to provide a proper expert report.
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Fla. 3d DCA·
2021-01-27
Attorney correspondence between parties prior to entry of a clerk's default, which informs the plaintiff of the defendant's intent to contest the claim, constitutes a 'paper' under Florida Rule of Civil Procedure 1.500(a), and therefore a clerk's default entered despite such corr
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M.D. Fla.·
2021-01-25
The court granted plaintiff's motion for leave to file an amended complaint because the defendant failed to respond to it, treating the motion as unopposed. The court denied the defendant's motion to dismiss as moot.
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M.D. Fla.·
2021-01-22
The court held that the plaintiff's motion for reconsideration was denied because he failed to timely respond to motions and his claims were based on a misinterpretation of the mortgage agreement.
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S.D. Fla.·
2021-01-22
The court denied the plaintiff's motion to file an errata sheet after the 30-day period, finding no good cause for the delay and that substantive changes would be prejudicial.
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M.D. Fla.·
2021-01-09
The court held that defendants failed to meet the requirements for vacating a default judgment under Rule 60(b)(1) or (6) by not demonstrating a meritorious defense, good cause for their non-compliance, or extraordinary circumstances.
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M.D. Fla.·
2020-12-29
The court entered judgment for the plaintiff on jury verdicts for overtime and liquidated damages. The document itself is a judgment, not an appealable order.
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Del. Super. Ct.·
2020-12-15
The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
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S.D. Fla.·
2020-12-14
The court held that the plaintiffs' motion to vacate the dismissal order is denied because their claimed clerical mistake does not qualify for relief under Rule 60(a), and their claims of excusable neglect under Rule 60(b)(1) fail due to significant delay, prejudice to the defend
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M.D. Fla.·
2020-12-02
The court held that the plaintiff failed to demonstrate good cause or excusable neglect for filing a motion to compel a deposition and reopen discovery after the deadline had passed.
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Fla. 4th DCA·
2020-11-25
A clerk's default is void ab initio when the defendant has filed any paper in the action before the default is entered, requiring that any subsequent default be entered by the court rather than the clerk.
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Fla. 4th DCA·
2020-11-25
The appellate court reversed a lower court's decision to deny a motion to vacate a default judgment. The court found that the clerk's default was void because the defendant had filed documents before the default was entered, meaning the court, not the clerk, should have entered a
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S.D. Fla.·
2020-11-23
# Summary
Boston Scientific Corporation attempted six months after the summary judgment deadline to raise a choice-of-law argument that Massachusetts law should govern a Florida resident's punitive damages claim arising from an allegedly defective transvaginal surgical mesh impl
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S.D. Fla.·
2020-10-07
The court granted the plaintiff's motion for leave to file a corrected response, finding the filing error to be excusable neglect.
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M.D. Fla.·
2020-10-05
The court denied the plaintiff's motions to vacate the dismissal order and for an extension of time to file an appeal, finding no excusable neglect or good cause.
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Fla. 3d DCA·
2020-09-23
The appellate court reversed a trial court's order denying a motion to set aside a default judgment. The court held that the trial court failed to conduct an evidentiary hearing, which is required when a party presents a colorable claim of excusable neglect or improper service.
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Fla. 3d DCA·
2020-09-23
The appellate court reversed a trial court's order that denied a motion to set aside a default judgment. The court held that the trial court failed to conduct an evidentiary hearing, which is required when a party presents a colorable claim of excusable neglect or improper servic
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Fla. 5th DCA·
2020-09-10
Lemkco Florida, Inc. appeals the denial of its motion to set aside a final judgment, arguing it violated its due process rights through insufficient notice of both a motion to amend the complaint to add punitive damages and the trial date itself. The Fifth District Court of Appea
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S.D. Fla.·
2020-08-18
A party's repeated failure to meet court deadlines, including a failure to calendar a response deadline and a subsequent three-month delay in seeking relief, does not constitute excusable neglect under Federal Rule of Civil Procedure 60(b)(1).
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M.D. Fla.·
2020-08-18
The court denied the motion to dismiss for failure to prosecute but denied the amended motions for leave to extend time, granting the initial motion to extend time.
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300 So. 3d 1268·
Fla. 4th DCA·
2020-08-05
Azure-Moore appeals the entry of a default final judgment after timely filing an answer to an amended complaint, despite the trial court's prior deadline passing without entry of default. The court holds that under Florida Rule of Civil Procedure 1.500(c), an answer filed before
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Fla. 4th DCA·
2020-07-22
A motion to vacate a post-judgment order must receive an evidentiary hearing when it alleges colorable entitlement to relief, including claims of due process violation from exclusion from the hearing and imposition of unrequested relief not specified in the prior order.
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M.D. Fla.·
2020-06-23
The court denied the plaintiff's motions for an independent action for relief from judgment, an evidentiary hearing, and an extension of time to file an amended notice of appeal.
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S.D. Fla.·
2020-04-27
The court denied the plaintiff's sixth motion for an extension of time to respond to the defendant's motion for summary judgment and granted the defendant's motion to strike the untimely response.
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Del. Super. Ct.·
2020-04-22
The Delaware Superior Court denied the defendant's motion for relief from a default judgment, finding that the defendant failed to establish excusable neglect. The court held that the defendant's reliance on a miscommunication with its counsel, coupled with its own failure to act
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Fla.·
2020-04-16
The Florida Supreme Court adopted most of the Civil Procedure Rules Committee's proposed amendments to the Florida Rules of Civil Procedure, including new rule 1.535 governing remittitur and additur motions, modifications to rule 1.380 allowing courts to hold deponents in contemp
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Fla. 3d DCA·
2020-04-01
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293 So. 3d 585·
Fla. 2d DCA·
2020-04-01
The appellate court affirmed a lower court's denial of a motion to set aside a foreclosure judgment but reversed and remanded regarding unliquidated damages. The court held that while the MacDonnells were not entitled to set aside the judgment due to lack of notice on unliquidate
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Fla. 3d DCA·
2020-04-01
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M.D. Fla.·
2020-03-25
The court reversed the Commissioner's final decision and remanded the case for further proceedings, requiring reevaluation of a specific medical opinion.
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11th Cir.·
2020-03-06
Automotive body shops in Mississippi, Indiana, and Utah brought antitrust and state-law claims against major insurance companies, alleging price-fixing and boycotts related to repair pricing. The Eleventh Circuit vacated the Indiana and Utah body shops' appeals for lack of jurisd
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S.D. Fla.·
2020-03-03
The court denied the plaintiff's motion to amend the default judgment and granted in part and denied in part the movants' motion for sanctions.
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S.D. Fla.·
2020-02-28
The court granted the motion to amend the attorney's fees motion and denied the motion for reconsideration as moot.
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S.D. Fla.·
2020-02-24
The Court denied Appellant's motion for relief from the dismissal order, finding no mistake, inadvertence, surprise, or excusable neglect.
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15th Cir. Ct. App. Div.·
2020-02-19
GEICO sought certiorari review of a nonfinal order extending the time for Andy's Auto Body & Paint to accept GEICO's settlement proposal under Florida Rule 1.442. The court granted the petition, holding that an indefinite extension of time to accept a settlement proposal violates
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M.D. Fla.·
2020-02-14
Judgment was entered in favor of the defendant, Progressive American Insurance Company, against the plaintiff, Heather R. Eres.