Excusable Neglect

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

• Flagg v. Grady Judd
  198 So. 3d 665· Fla. 2d DCA· 2015-12-09
  The court held that a trial court must make express findings of willful or bad faith noncompliance before imposing the severe sanction of striking pleadings or entering a default judgment for discovery violations.
• Nationstar Mortg., LLC v. Prine
  179 So. 3d 409· Fla. 3d DCA· 2015-11-12
  The court held that the trial court abused its discretion by denying the motion to vacate dismissal, as the failure to receive notice of trial due to a clerk's error constituted excusable neglect and a due process violation.
• Residential Mortg. Loan Tr. 2013-TT2 v. Smith
  165 So. 3d 837· Fla. 1st DCA· 2015-06-04
  A mortgage loan trust challenged an order denying its motion to set aside a dismissal entered for lack of prosecution. The appellate court reversed, finding the trial court abused its discretion by denying relief where the plaintiff demonstrated good cause through evidence that p
• Zaheer Khan v. Shazia Zaheer Khan
  115 So. 3d 1078· Fla. 4th DCA· 2013-06-19
  Husband appeals the trial court's denial of his motion to vacate a 2010 final judgment dissolving marriage and awarding alimony and child support. The court reversed, holding that the 2010 judgment was final and appealable despite the petition for dissolution being dismissed, and
• McLane v. Marriott Int'l, Inc.
  818 F. Supp. 2d 1277· S.D. Fla.· 2013-04-30
  The court held that dismissal on forum non conveniens grounds was appropriate because the private and public interest factors, despite the presumption favoring U.S. plaintiffs, weighed in favor of litigation in Costa Rica.
• Shareholder v. Burger
  108 So. 3d 733· Fla. 5th DCA· 2013-03-01
  A shareholder's lawsuit was dismissed with prejudice when the plaintiff's Florida attorney withdrew and the California attorney (who filed the extension request without Florida counsel) was deemed unable to practice in Florida. The appellate court reversed, holding that the trial
• Yale Mortg. Corp. v. Dieula Blot
  107 So. 3d 1181· Fla. 3d DCA· 2013-02-13
  The trial court abused its discretion by vacating a default judgment and sale because the defendant failed to demonstrate excusable neglect for not answering the complaint.
• Santos v. Allstate Prop.
  9th Cir. Ct. App. Div.· 2013-02-04
  Beatriz Santos appealed a trial court's dismissal of her declaratory judgment action against Allstate Insurance Company regarding entitlement to personal injury protection coverage. The Ninth Judicial Circuit appellate court affirmed the dismissal of Santos's third amended compla
• Bank OF NEW York Mellon v. P2D2, LLC
  100 So. 3d 205· Fla. 2d DCA· 2012-10-31
  Bank of New York Mellon appealed orders denying its motion to vacate default and granting summary judgment quieting title in favor of P2D2, LLC. The court affirmed the denial of the motion to vacate default but reversed the summary judgment, holding that a mortgage executed by a
• Whittington v. Dragon Grp., LLC
  Del. Ch.· 2012-07-20
  The Court denied Defendants' motion to supplement the record, finding they failed to demonstrate excusable neglect or diligence in producing evidence they possessed. The Court also denied Defendants' motion for reargument on most grounds, except for a stipulated correction to the
• Airport Ctr., Inc. v. Ugarte
  91 So. 3d 936· Fla. 3d DCA· 2012-07-11
  Airport Centre appealed an order setting aside a default final judgment against the appellees. The court reversed the trial court's decision, finding that the appellees failed to satisfy the three legal prerequisites required under Florida Rule of Civil Procedure 1.540(b) for rel
• In & for New Castle Cnty. Karen D. Stoppel v. C.A. No. N10C-03-078 PLA
  Del. Super. Ct.· 2011-08-09
  The court held that the amended complaint naming the State of Delaware Department of Health and Social Services (DHSS) as a defendant related back to the original complaint's filing date. The court also found that the plaintiff had good cause for failing to perfect service on the
• IN & FOR NEW Castle Cnty. Joann F. Christian
  Del. Super. Ct.· 2011-07-28
  The court granted defendants' joint motion to preclude plaintiffs' expert testimony and their joint motion for summary judgment. The court found that plaintiffs' egregious failure to comply with court-ordered expert disclosure deadlines, absent good cause or excusable neglect, wa
• IN & FOR NEW Castle Cnty. Lisa Broadbent Ins. Co. v. Clare Makowski
  Del. Super. Ct.· 2011-04-20
  The court denied the appellant's motion to stay the order of dismissal. The court found that the Industrial Accident Board's decision that the appellee was within the scope of her employment at the time of the accident would likely be affirmed on appeal. Therefore, the appellant
• Plinio Gonzalez v. Fla. Dep't of Fin. Servs.
  60 So. 3d 469· Fla. 3d DCA· 2011-04-13
  Plinio Gonzalez appeals the Florida Department of Financial Services' revocation of his insurance license based on alleged fraud and misrepresentation. The court affirms the revocation, holding that Gonzalez's untimely filing of his administrative hearing request—two days late du
• Eliana Gonzalez v. Forfeiture OF ONE 2005 Hummer H2 Motor Vehicle
  42 So. 3d 843· Fla. 3d DCA· 2010-08-04
  The court held that irregularities in the seizure notice and the defendant's fulfillment of requirements for vacating a default judgment warranted reversal of the denial of her motion.
• Henry v. Henry
  39 So. 3d 557· Fla. 2d DCA· 2010-07-21
• Hannah v. Olivo
  38 So. 3d 815· Fla. 5th DCA· 2010-06-18
  Hannah appeals the dismissal of her personal injury negligence lawsuit against Olivo for failure to timely effect service of process. The Fifth District reversed, holding that defective service made within the applicable time period does not warrant dismissal, as the service rule
• In & for New Castle Cnty. DR. Robert Villare & Vanguard Grp., LLC v. C.A. No. 08C-10-061 PLA JAY Katz
  Del. Super. Ct.· 2010-06-09
  The Court affirmed the denial of the motion for relief from judgment and imposed sanctions on plaintiffs' counsel for violating Rule 11(b)(3). The court found that counsel's assertions of not receiving the correct summary judgment motion were false and lacked evidentiary support,
• Larkin v. Buranosky
  25 So. 3d 685· Fla. 4th DCA· 2010-01-20
  Lynne Larkin sought relief from a summary judgment in her defamation suit against Anthony Pedicini under Florida Rule of Civil Procedure 1.540, claiming excusable neglect when her attorneys failed to timely provide her the judgment. The court affirmed the trial court's denial, ho
• Hernandez v. City OF Miami Beach
  23 So. 3d 163· Fla. 3d DCA· 2009-10-14
  The Third District Court of Appeal reversed a probable cause finding in a forfeiture proceeding, holding that the City of Miami Beach violated the Florida Contraband Forfeiture Act by failing to promptly request an adversarial preliminary hearing within the statutory ten-day dead
• CME Grp. Inc.
  Del. Ch.· 2009-06-25
  The Court of Chancery reversed Class Counsel's exclusion of several objectors from a class action settlement. The court found that equitable principles required waiving strict adherence to deadlines and requirements in cases of excusable neglect, substantial compliance, or admini
• Shipley
  Del.· 2009-06-15
  The Superior Court did not err in denying the Shipleys' motion to set aside the sheriff's sale. The court found the motion untimely and that the alleged errors in the property description did not constitute extraordinary circumstances justifying relief under Rule 60(b). The court
• Walker v. Walker
  4 So. 3d 35· Fla. 3d DCA· 2009-02-11
  The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
• Bojadzijev v. Roanoke Tech. Corp.
  997 So. 2d 1251· Fla. 5th DCA· 2009-01-02
  Thomas Bojadzijev appeals the trial court's denial of his motion to vacate a default final judgment entered in favor of Roanoke Technology Corporation in a breach of contract action. The Fifth District Court of Appeal affirms the default judgment, finding that Bojadzijev waived h
• Buckworth
  Del.· 2008-06-13
  The Court denied the Wife's Motion to Reopen, finding it was untimely filed due to an unreasonable delay of over one year after she became aware of the Husband's cessation of financial support. Even if timely, the Court found the Wife failed to meet her burden of proving a basis
• Ward v. Rak Charles Towne Ltd. P'ship
  9th Cir. Ct. App. Div.· 2007-10-30
  Peggy Ward appeals the trial court's denial of her motion to vacate a default judgment and writ of possession in an eviction action. The appellate court affirmed, holding that Ward's failure to deposit rent into the court registry as required by Florida statute mandated entry of
• Cevallos v. Mercury Ins. Co. of Fla.
  9th Cir. Ct. App. Div.· 2007-10-12
  Cevallos and Trujillo, passengers injured in a motor vehicle accident, appealed summary judgments denying them Personal Injury Protection (PIP) insurance benefits. The Ninth Judicial Circuit affirmed, holding that the appellants failed to submit properly completed HCFA forms as r
• Boehm v. Thomas
  963 So. 2d 984· Fla. 4th DCA· 2007-09-12
• Gerri Lynn Fihe v. Rexall Sundown, Inc.
  966 So. 2d 415· Fla. 4th DCA· 2007-08-29
  In these consolidated wrongful death and personal injury appeals arising from deaths and injury allegedly caused by the dietary supplement Metab-O-LITE, the court reversed dismissal of the Fihe case based on an untimely forum non conveniens motion but affirmed dismissal of the Ja
• ZC Ins. Co. v. Annis Brooks
  962 So. 2d 419· Fla. 4th DCA· 2007-08-22
  ZC Insurance Company appealed a trial court judgment awarding attorney's fees and costs to the Brooks insureds in a declaratory judgment action. The court reversed, holding that the Brooks' motion for attorney's fees was untimely under Florida Rule of Civil Procedure 1.525 becaus
• In re Seroquel Prods. Liab. Litig.
  188 F. Supp. 23· M.D. Fla.· 2007-08-21
  The court held that while some discovery failures were excusable neglect, the defendant's failure to cooperate in database production and systematically produce electronic discovery from custodians in a manageable, searchable form constitutes sanctionable conduct.
• Peralta v. Peralta Food
  506 F. Supp. 2d 1274· S.D. Fla.· 2007-06-15
  The court held that a settlement agreement, entered into voluntarily to avoid execution of a default judgment, is binding and cannot be set aside on grounds of duress, even if the defendant's attorney was negligent or the defendant was unaware of options to challenge the judgment
• Passport Leasing Corp. v. Zimmerman
  945 So. 2d 660· Fla. 4th DCA· 2007-01-17
  The court held that the omission of a party's name from a settlement proposal, when not a clerical error known to the other side, constitutes inexcusable neglect, rendering the settlement unenforceable.
• Svoboda v. Bayer Corp.
  946 So. 2d 1204· Fla. 5th DCA· 2006-12-29
  Svoboda appealed a products liability judgment in favor of Bayer and Eckerds, claiming evidentiary errors. The court affirmed the judgment on appeal but reversed on Bayer's cross-appeal regarding the timeliness of a motion to tax costs, finding the trial court erred in applying t
• Holland Elecs. LLC v. Vital Sys. Elecs., Inc.
  942 So. 2d 1047· Fla. 2d DCA· 2006-12-08
  Holland Electronics obtained a default judgment against Vital Systems Electronics after Vital Systems failed to file an answer. Vital Systems then moved to vacate the clerk's default and the final judgment, which the circuit court granted. The appellate court reversed, holding th
• Shtalenkov v. Deatherage
  943 So. 2d 200· Fla. 3d DCA· 2006-10-18
  The court held that the trial court did not abuse its discretion in granting an extension for service and denying the motion to dismiss, and affirmed the conclusion regarding the currency of the financial affidavit due to an incomplete record.
• Garty Alvin Williams v. Ins. Network, Inc.
  930 So. 2d 844· Fla. 3d DCA· 2006-06-14
  Williams purchased auto insurance through Network from Ocean Harbor, received a binder confirming full payment, but was later denied coverage after an accident. After obtaining a default judgment for $85,000 against both insurers when they failed to appear at trial, the trial cou
• IN & FOR Sussex Cnty. Silverview Farm, Inc. v. Laushey
  Del. C.P.· 2006-04-26
  The Court held that the Plaintiffs' appeal was timely filed due to excusable neglect and that the Complaint on Appeal did not violate the "mirror image rule." The Court found that the Complaint on Appeal clarified, rather than altered, the causes of action presented in the Justic
• World Ent. P'rs, LLC v. Trevia, LLC
  925 So. 2d 483· Fla. 4th DCA· 2006-04-19
  World Entertainment Partners sued Trevia LLC and obtained a default judgment. Trevia appealed the denial of its motion to set aside the default, arguing improper service of process because its registered agent had resigned. The Florida Fourth District Court of Appeal affirmed, ho
• Plichta v. Stephen D. Plichta, Jr., M.D.
  921 So. 2d 851· Fla. 2d DCA· 2006-03-03
  In a divorce dispute over attorney's fees, the Florida Court of Appeal upheld the trial court's dismissal of Mrs. Plichta's motion for attorney's fees as untimely filed. The court held that Florida Rule of Civil Procedure 1.525's 30-day filing deadline is a bright-line rule that
• Wolford v. Scott A. Boone, M.D.
  920 So. 2d 39· Fla. 5th DCA· 2005-12-02
  The court held that the trial court's order for a new evidentiary hearing was improper, as the prior mandate required only an amended order with findings of fact.
• Carmona v. Kenneth and Emily White
  15th Cir. Ct. App. Div.· 2005-10-25
  Norma Carmona appeals a default final judgment entered against her in a contract dispute with Kenneth and Emily White. The appellate court reversed, finding the trial court erred in denying her motion to quash service of process and motion to vacate the default because service wa
• In re Amendments to the Florida Probate Rules (two Year Cycle)
  912 So. 2d 1178· Fla.· 2005-09-29
  The Florida Supreme Court adopted proposed amendments to the Florida Probate Rules in a biennial revision cycle, approving modifications to 15 existing rules and creating 5 new rules to align with statutory changes, enhance clarity, and reduce redundancy in probate and guardiansh
• Giron v. Fairways OF Sunrise Homeowners' Ass'n, Inc.
  903 So. 2d 1008· Fla. 4th DCA· 2005-06-08
  Appellant Gloria Giron appealed the trial court's denial of her motion to set aside a final judgment entered when she failed to attend a calendar call and trial. The Fourth District Court of Appeal reversed, finding that appellant demonstrated excusable neglect and had a meritori
• Karman v. Bd. of Adjustment of Sussex Cnty. & Chartan
  Del. Super. Ct.· 2005-04-26
  The court denied the motion to reopen, finding that the petitioner failed to demonstrate excusable neglect or extraordinary circumstances under Rule 60(b)(1) or (6). The court emphasized that the petitioner's delay in filing the motion was unreasonable and that the actions of her
• Lyon v. Sanford
  911 So. 2d 806· Fla. 1st DCA· 2005-03-21
  The court held that the appellant failed to establish grounds for reversal of the trial court's denial of motions to vacate a foreclosure judgment and sale.
• Stanislaw Matajek v. Leokadia Skowronska
  893 So. 2d 700· Fla. 5th DCA· 2005-02-18
  The court imposed monetary sanctions against attorney Brian J. Almengual for failing to timely file an appellate mediation questionnaire, which was due in August 2004 but not filed until November 2004. The court rejected all of Almengual's proffered excuses for the two-month dela
• Apac, Inc. v. Muller
  889 So. 2d 894· Fla. 2d DCA· 2004-12-03
  APAC corporations and Gator Asphalt challenged a court order vacating their successful motion to dismiss for lack of service and requiring them to file responsive pleadings. The Florida appellate court held that the order denying the dismissal was not appealable, but reversed the
• Hanger Prosthetics & Orthotics, Inc. v. J.L. Saunders
  872 So. 2d 984· Fla. 5th DCA· 2004-05-07
  The court held that a default judgment based on an amended complaint is a nullity when the defendant was never served with that amended complaint.