Excusable Neglect

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

• Bigelow v. Ritsema
  Fla. 5th DCA· 2020-01-24
  This case involves an appeal from a paternity action where the appellant sought to set aside a final judgment. The appellate court affirmed the denial of the motion to set aside but vacated an amended final judgment entered by the trial court.
• Cont'l 332 Fund, LLC v. Kozlowski
  M.D. Fla.· 2020-01-24
  The court granted the motion to reopen discovery for the limited purpose of deposing a defendant.
• Sword v. Dolphin Moving Sys., Inc.
  M.D. Fla.· 2020-01-03
  The court held that defendants' claimed miscommunication and lack of diligence did not constitute excusable neglect to set aside a default judgment.
• Mahan v. Bonati
  M.D. Fla.· 2019-12-19
  The court entered judgment in favor of the defendants based on an arbitration award.
• Black Point Assets, Inc. v. Ocwen Loan Servicing, LLC
  285 So. 3d 389· Fla. 1st DCA· 2019-12-17
  The appellate court reversed a default final judgment of foreclosure, holding that the trial court erred by entering a judicial default without providing the required notice to the defendants. This decision underscores the importance of procedural notice requirements in default j
• R&I Shipping Line, LLC v. Hempstead Marine, Inc.
  Fla. 3d DCA· 2019-12-04
• United States v. Austin
  M.D. Fla.· 2019-11-13
  The court entered a default judgment against the defendant for specific amounts owed on two claims, plus prejudgment and post-judgment interest and costs.
• Myers v. Pratt
  M.D. Fla.· 2019-11-05
  The court entered judgment against the plaintiff, Jeremy L. Myers, and the clerk issued a civil judgment.
• Fleming v. Blackwell-Gomez
  290 So. 3d 961· Fla. 3d DCA· 2019-10-23
  This case concerns a motion for attorney's fees filed after a dismissal order. The appellate court affirmed the trial court's decision to strike the motion as untimely, emphasizing the strict 30-day deadline under Florida Rule of Civil Procedure 1.525.
• Turner v. Trans Union LLC
  S.D. Fla.· 2019-10-11
  The court denied Plaintiff's motion to amend prior orders and vacate dismissal, finding no grounds for relief under Rule 60(b), but granted a limited extension for payment of sanctions.
• Sec. & Exch. Comm'n v. Toups
  M.D. Fla.· 2019-10-08
  The court held that a defendant's motion for relief from judgment under Rule 60(b) was denied because the defendant failed to demonstrate excusable neglect, diligence, or a meritorious defense, and attorney negligence does not constitute grounds for relief under Rule 60(b)(1) or
• Repurposed Therapeutics
  M.D. Fla.· 2019-10-03
  The court entered a default judgment in favor of the plaintiff, awarding specific monetary damages and statutory interest.
• Dep't OF Fin. OF Sussex Cnty. v. Clarke
  Del. Super. Ct.· 2019-09-30
  The Court reversed the Commissioner's denial of the Motion to Set Aside the Sheriff's Sale, finding that the County failed to provide adequate notice to the Owner as required by Superior Court Civil Rule 69(g). Because the sale was conducted without jurisdiction due to lack of no
• Home Ally Fin., LLC. v. Rosen
  Fla. 4th DCA· 2019-09-25
  A junior lienholder filed a notice of voluntary dismissal in a consolidated foreclosure case, including both the original and consolidated case numbers. One year later, the borrower moved to vacate the voluntary dismissal and enter an involuntary dismissal, arguing the notice was
• Schemming v. Daman Transp. Servs., Inc.
  M.D. Fla.· 2019-09-20
  The court entered a default judgment against the defendants for unpaid wages, liquidated damages, attorney's fees, costs, and interest.
• Pinkston v. Univ. of S. Fla. Bd. of Trs.
  M.D. Fla.· 2019-09-19
  The court held that the plaintiff's motion for reconsideration was meritless and denied it, finding no manifest error of law or fact, newly discovered evidence, or grounds for relief under Rule 59(e).
• Fast Funds, Inc. v. Aventura Orthopedic Care Ctr.
  279 So. 3d 168· Fla. 4th DCA· 2019-09-18
  Fast Funds, Inc. appeals a trial court's denial of its Rule 1.530 motion for reconsideration in a declaratory judgment action over equitable distribution of a bodily injury award. Fast Funds failed to appear at a September 24, 2018 hearing due to a clerical calendaring error and
• Fernandez v. Roseann Difiore
  Fla. 4th DCA· 2019-09-18
  Due diligence is required for the initial motion to vacate a default judgment but not for subsequent motions filed without prejudice, and defendant demonstrated due diligence in filing his amended motion sixty-five days later where he filed a supporting affidavit the day after th
• Neelu Aviation, LLC v. Boca Aircraft Maint., LLC
  S.D. Fla.· 2019-09-12
  The court held that a motion to dismiss for lack of personal jurisdiction is procedurally improper after a defendant has filed an answer.
• United States v. Dedert
  M.D. Fla.· 2019-09-09
  The court entered a default judgment against the defendant for $54,417.76 plus statutory interest.
• Hammer v. Lee Mem'l Health Sys.
  M.D. Fla.· 2019-09-06
  The court held that the plaintiff failed to demonstrate good cause or excusable neglect for seeking to amend the complaint after the deadline had passed.
• Kennedy v. Patel
  S.D. Fla.· 2019-09-06
  The court granted in part and denied in part the plaintiff's motion, vacating the default judgment and dismissing the defendant without prejudice, but denying the request to reopen the case and amend the complaint.
• Holman v. United States
  M.D. Fla.· 2019-09-05
  The court held that the plaintiffs failed to demonstrate excusable neglect or good cause for seeking to amend their complaint after the deadline, and that allowing the amendment would cause undue prejudice to the defendant.
• Edwards v. CIS Servs., LLC
  M.D. Fla.· 2019-08-28
  The court held that Angela Douglas's opt-in consent was timely due to ambiguity in instructions, but Sheri Gower's and Lisa Brown's consents were untimely as they lacked a proper motion and showing of excusable neglect.
• Mesa v. Miami-Dade Cnty.
  Fla. 3d DCA· 2019-08-21
  The appellate court affirmed the trial court's decision to deny a motion to vacate a dismissal for lack of prosecution. The court found that the former firefighter's attorney's inaction was deliberate, not excusable neglect, and thus the trial court did not abuse its discretion.
• Rinconcito Latino Cafeteria, Inc. v. Ocampos
  276 So. 3d 525· Fla. 3d DCA· 2019-08-07
  The appellate court reversed a trial court's decision to set aside a dismissal for lack of prosecution. The court held that the trial court erred by not conducting an evidentiary hearing before granting the motion to set aside the dismissal.
• Chetu, Inc. v. Franklin First Fin., Ltd
  276 So. 3d 39· Fla. 4th DCA· 2019-07-17
  A party seeking to vacate a default final judgment must demonstrate: (1) excusable neglect for failing to file a responsive pleading, (2) a meritorious defense, and (3) due diligence in seeking relief upon learning of the judgment. Franklin First failed to meet the first and thir
• R.J. Reynolds Tobacco Co. v. Lacey
  276 So. 3d 103· Fla. 3d DCA· 2019-07-03
  The appellate court denied a petition for certiorari seeking to quash an order that denied a motion to dismiss a tobacco lawsuit. The court found that the trial court did not depart from the essential requirements of law by allowing a plaintiff's widow additional time to substitu
• Stacia Vick and Chadwick Vick
  Del. Super. Ct.· 2019-05-17
  The court granted summary judgment for the defendants on multiple claims. The court held that the informed consent claim failed because the hysterectomy was an emergency procedure. Medical negligence claims regarding the performance of the episiotomy and hysterectomy were dismiss
• Sammons v. Greenfield
  270 So. 3d 534· Fla. 2d DCA· 2019-05-08
  Thomas and Madeline Sammons appealed from a trial court's dismissal of their medical malpractice lawsuit after counsel failed to timely substitute Mr. Sammons' personal representative following his death during litigation. The appellate court reversed, finding that counsel demons
• Woinski v. Emerson
  Del. Super. Ct.· 2019-05-02
  The Court granted the Defendant's Motion to Dismiss and denied the Plaintiff's Motion for Enlargement of Time. The Court found that the Plaintiff failed to demonstrate good cause for the delay in serving the Defendant within the 120-day period required by Rule 4(j), and her mista
• Samad v. Pla
  267 So. 3d 476· Fla. 2d DCA· 2019-03-15
  Florida Probate Rule 5.042(b) does not authorize extensions of time to make a homestead election under § 732.401(2) because that rule applies only to acts required by the rules themselves, not by statute.
• Proenza v. Suntrust Banks, N.A.
  263 So. 3d 225· Fla. 3d DCA· 2019-01-16
• Griffin v. State
  14 Fla. L. Weekly 1606· Fla. 4th DCA· 2018-12-19
  Although a trial court may orally pronounce probation violations, a formal written order specifying each condition violated must be entered in the record.
• P.F-G v. Dep't of Educ.
  252 So. 3d 304· Fla. 5th DCA· 2018-07-20
  The court held that the Division of Administrative Hearings properly dismissed the appellant's petition challenging an unadopted rule, both for failing to allege sufficient facts and for being untimely filed.
• Sencion v. Medula Network
  250 So. 3d 838· Fla. 3d DCA· 2018-07-05
  A trial court abuses its discretion by denying a motion to vacate a default when the defendant demonstrates excusable neglect (failure to receive notice due to mailing to wrong address), a meritorious defense (assertion that payment was already made), and due diligence in seeking
• Buckworth
  Del.· 2018-04-02
  The Court granted the Mother's Motion for Reargument and Motion to Dismiss, and dismissed the Father's Rule to Show Cause Petition. The Court found that the Father lacked standing to file his Parental Visitation Petition because he failed to rebut the presumption of paternity wit
• In re Examworks Grp.
  Del. Ch.· 2018-02-21
  The court granted the motions for discovery sanctions, finding that the petitioners violated court orders by failing to produce documents and privilege logs in a timely manner. While a terminating sanction was considered, the court imposed lesser sanctions tailored to the specifi
• Deutsche Bank Tr. Co. Americas v. Becki Ruth Maas and Ryan David Maas
  228 So. 3d 682· Fla. 2d DCA· 2017-10-18
  The court held that the trial court abused its discretion by denying the bank's motion for reconsideration based on excusable neglect and its motion for relief from admissions.
• Gigi Cruz v. The Vineyards OF Plantation
  226 So. 3d 898· Fla. 4th DCA· 2017-08-23
  Appellant Cruz challenges a final summary judgment foreclosing a condominium lien. The appellate court reversed because the trial court denied Cruz proper service of the notice of hearing, violating a prior court order requiring dual service by both email and physical mail, there
• T.H. v. Dep't OF Child. & Families
  221 So. 3d 1285· Fla. 3d DCA· 2017-07-12
  In this parental rights termination case, the Florida Third District Court of Appeal reversed and remanded after the trial court entered an implied consent default against the father for failing to appear at a hearing, despite the father being hospitalized and the Department havi
• Wells Fargo Bank, N.A. v. Shelton
  223 So. 3d 414· Fla. 5th DCA· 2017-07-07
  The court held that a trial court errs in granting summary judgment based on technical admissions when record evidence contradicts those admissions and the opposing party demonstrates no prejudice.
• Dyck-O'Neal, Inc. v. Smith
  199 So. 3d 1136· Fla. 5th DCA· 2016-09-23
• Wilmington Tr., N.A. v. Carlton A. Whyte
  199 So. 3d 494· Fla. 3d DCA· 2016-08-31
  Wilmington Trust, as trustee, appealed the trial court's denial of its motion to vacate a dismissal of a foreclosure action against the Whytes. The court reversed, finding that the trial court abused its discretion in denying the motion to vacate based on excusable neglect, where
• Stevenson v. Del. Dep't of Natural Res.
  Del. Super. Ct.· 2016-08-19
  The court vacated its prior order denying the motion to amend and granted the motion to amend the complaint to correct the plaintiff's middle initial from 'W' to 'A.' The court also allowed the affidavits of Moore and Hudson to be filed, finding that while personal liability for
• Winding Wood Condo. VI Ass'n, Inc. v. Walls
  196 So. 3d 489· Fla. 2d DCA· 2016-07-08
  Winding Wood Condominium Association appeals the trial court's denial of its motion to set aside a clerk's default and entry of a default judgment awarding unliquidated damages to Linda Walls without a jury trial. The court affirmed the denial of the motion to set aside the defau
• United States ex rel. Schiff v. Marder
  74 C.C.A. 419· S.D. Fla.· 2016-07-08
  The court denied the Marder Defendants' motion for continuance as moot, finding their expert disclosures untimely and prejudicial, and ordered supplemental briefing on a new Supreme Court decision impacting False Claims Act liability.
• Collins Asset Grp., LLC v. Luisa LEE
  217 So. 3d 1066· Fla. 5th DCA· 2016-06-17
• Leibel v. NCL (Bahamas) Ltd.
  2016 WL 2621628· S.D. Fla.· 2016-05-06
  The court held that a plaintiff's motion to substitute an expert witness, filed significantly after discovery deadlines and based on the original expert's unreliability due to inadequate preparation, does not establish good cause for modifying the scheduling order.
• In the Interest of S.M. and M.M. v. Dep't of Child. & Families & Guardian Ad Litem Program
  184 So. 3d 1235· Fla. 2d DCA· 2016-01-22
  In this parental termination case, the Florida Second District Court of Appeal reversed the trial court's denial of a father's motion to set aside his deemed consent to termination based on his failure to appear at the adjudicatory hearing. The court held that the father demonstr