Excusable Neglect

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

• Barton Realty, Inc. v. Lopez
  872 So. 2d 325· Fla. 3d DCA· 2004-04-14
  Barton Realty appeals a dismissal for lack of prosecution under Florida Rules of Civil Procedure Rule 1.420(e). The court affirms, holding that the plaintiff's argument that a third-party complaint created good cause to maintain the action lacks merit because there was no record
• Verysell-Holding LLC v. Tsukanov
  866 So. 2d 114· Fla. 3d DCA· 2004-02-11
  The trial court did not err in granting the defendants' motion for enlargement of time to file a motion to dismiss for forum non conveniens, nor in dismissing the action on that basis.
• Thomas v. THE Chase Manhattan Bank
  857 So. 2d 989· Fla. 4th DCA· 2003-10-29
  Benjamin and Alison Thomas sought a writ of prohibition to review denial of their motion to disqualify the trial judge in a foreclosure case. The court denied the petition because the motion to disqualify was untimely under Florida Rule of Judicial Administration 2.160(e), which
• Wilson v. Pyle
  851 So. 2d 779· Fla. 2d DCA· 2003-07-11
  This appeal concerns the proper disposition of a personal injury action after the plaintiff's death and failure to timely substitute parties. The court affirmed the trial court's decision to dismiss without prejudice, holding that Florida law favors disposition on the merits and
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• King-Coleman v. Geathers
  841 So. 2d 593· Fla. 4th DCA· 2003-04-02
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the judgment because the appellant's failure to receive notice was due to her own fault in not keeping her attorney informed of her address.
• Dodrill v. Infe, Inc.
  837 So. 2d 1187· Fla. 4th DCA· 2003-02-26
  In this appeal of a default judgment vacated by the trial court, the Fourth District Court of Appeal affirmed the vacation order, holding that a sworn statement supporting a motion to vacate a default judgment need not be notarized and that an ambiguous notarial paragraph does no
• In & for New Castle Cnty. Stonington P'rs, Inc.
  Del. Ch.· 2002-10-23
  The Court granted the plaintiffs' motion for default judgment against defendants Hauspie and Willaert, and denied defendant Lemout's motion to enlarge time, effectively granting default judgment against Lemout as well. The Court found that the defendants had failed to appear, ple
• Pierce v. Marc
  826 So. 2d 525· Fla. 3d DCA· 2002-09-25
• Kash N' Karry Food Stores, Inc. v. Queen Smart and Cochrane Smart
  814 So. 2d 530· Fla. 2d DCA· 2002-04-26
  The trial court departed from the essential requirements of law by granting a party substitution without a showing of excusable neglect and by failing to dismiss the action with prejudice after the deadline for substitution had passed.
• Dunfine Fla., Inc. v. Golden Gate Dev. Corp.
  796 So. 2d 1241· Fla. 5th DCA· 2001-10-12
  The trial court properly denied the motion for relief from judgment because the corporations failed to demonstrate excusable neglect or mistake for their prolonged failure to secure counsel and appear in proceedings.
• In & for Sussex Cnty. Richard L. Ewing
  Del. Super. Ct.· 2001-06-15
  The court held that the plaintiff substantially complied with the requirements for filing a mechanics' lien, and that the court had discretion to grant an enlargement of time for serving notice of the lien due to excusable neglect, as the delay did not unduly prejudice the defend
• Londono v. BIG Lake Nat'l Bank its successor by merger to Clewiston Nat'l Bank
  780 So. 2d 1044· Fla. 4th DCA· 2001-04-04
  A Florida appellate court reversed the denial of a motion to vacate a default judgment entered as a sanction for discovery violations. The court held that when a default is entered as a sanction for discovery violations (rather than for failure to answer), a party seeking to vaca
• Engram v. Ashton M. Bryan
  779 So. 2d 586· Fla. 5th DCA· 2001-02-16
  In a child custody modification case, the Fifth District Court of Appeal reversed a trial court's denial of the mother's motion for rehearing, holding that while a default judgment could be entered for failure to file responsive pleadings, a change in custody cannot be granted ba
• Braulio L. Sabates, M.D., Surgical P'rs, P.A. v. Padron
  777 So. 2d 1148· Fla. 3d DCA· 2001-02-14
  This concurrence agrees with the trial court's finding that the plaintiffs willfully failed to comply with court orders, thus upholding the dismissal of their case.
• Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.
  757 So. 2d 1289· Fla. 4th DCA· 2000-05-31
• Taylor v. Jonnie Mae Jones
  760 So. 2d 975· Fla. 3d DCA· 2000-05-17
  The Taylors, who operated a day care facility on property they partially owned, appealed the trial court's denial of their motion to set aside a default judgment of partition. The court affirmed the denial, finding the Taylors provided insufficient evidence of excusable neglect o
• Nadir and Nafisa Khambaty v. Lepine
  734 So. 2d 1183· Fla. 2d DCA· 1999-06-30
  The Khambatys appealed dismissal of their negligence action against Lepine for failure to serve him within 120 days as required by Florida Rule of Civil Procedure 1.070(j). The court reversed, holding that the plaintiffs properly obtained two extensions of time before expiration
• Wayjohn, Inc. v. Abejon
  724 So. 2d 1259· Fla. 4th DCA· 1999-01-27
  Wayjohn, Inc. (Kentucky Fried Chicken) appealed the denial of its motion to set aside a default judgment entered after it failed to respond to a negligence suit arising from a bone in a chicken sandwich. The court affirmed the trial court's denial, finding no gross abuse of discr
• Tri-Five Prop. Mgmt. Corp. v. Silverman
  764 So. 2d 5· Fla. 4th DCA· 1998-12-09
  Tri-Five Property Management Corporation appealed the trial court's order denying its motion to vacate a default judgment. The Fourth District Court of Appeal affirmed the denial, holding that the appellant failed to demonstrate excusable neglect for its extended failure to respo
• Rokeach v. Glickstein
  718 So. 2d 831· Fla. 4th DCA· 1998-07-22
  The Fourth District Court of Appeal affirmed the trial court's denial of the Rokeachs' motion to vacate default judgment and quash service of process. The court held that service was valid under Florida law because it was effected at the defendants' usual place of abode, even tho
• Stembridge v. Preferred Risk Mut. Ins. Co. OF Iowa
  778 So. 2d 987· Fla. 3d DCA· 1998-04-08
  The court held that a motion to vacate a judgment based on mistake, inadvertence, or excusable neglect, filed more than one year after the judgment's entry, is untimely and properly denied.
• Stone-Rich Props. v. Britt
  706 So. 2d 330· Fla. 2d DCA· 1998-01-16
  Stone-Rich Properties appeals from a default judgment entered after it failed to respond to a personal injury complaint, arguing the trial court abused its discretion in denying its motion to set aside the default. The appellate court reverses, holding that Stone-Rich demonstrate
• Nelida Condinanzo v. Gregory A. Martin & Assocs., P.A.
  706 So. 2d 19· Fla. 3d DCA· 1997-12-24
  The court held that while the defendant's excusable neglect claim was insufficient to set aside a default, the amount of attorney fees awarded in the default judgment should be subject to dispute.
• Crane v. Barnett Bank OF Palm Beach Cnty.
  698 So. 2d 902· Fla. 4th DCA· 1997-09-03
  In this mortgage dispute, Crane sought rescission after Barnett Bank refused his mortgage payments unless his wife signed a modification agreement, despite her lack of legal obligation to do so. The appellate court held that Crane established no default through summary judgment,
• Renia T. Maranto v. Dearborn
  694 So. 2d 866· Fla. 3d DCA· 1997-06-04
• Corporate Commc'ns Grp., Inc. v. Total Telecomms., Inc.
  689 So. 2d 1201· Fla. 3d DCA· 1997-03-12
  A default judgment entered when a party fails to respond due to confusion from a pending action will be set aside as excusable neglect.
• Cont'l Cas. Co., Inc. v. PWL Constr., Inc.
  666 So. 2d 177· Fla. 3d DCA· 1995-12-13
  The court held that the trial court abused its discretion in denying the motion to set aside the default judgment.
• Hook v. BAY Fin. Sav. Bank
  655 So. 2d 1297· Fla. 5th DCA· 1995-06-09
  Donald Hook appeals a summary judgment in favor of Bay Financial Savings Bank that was based on res judicata. The Fifth District Court of Appeal reverses, holding that res judicata does not bar Hook's pending motion to amend the judgment amount because the dismissal in a related
• Weingarten v. Campagna (In re Weingarten)
  1995 U.S. Dist. LEXIS 2462· M.D. Fla.· 1995-02-28
  The Court held that the Bankruptcy Court did not err in granting default judgment and denying discharge because the debtor failed to provide a timely and sufficient answer and did not demonstrate excusable neglect or a meritorious defense.
• Ford Bus. Forms, Inc. v. Sure Card, Inc.
  180 B.R. 294· S.D. Fla.· 1994-09-06
  A corporate creditor's actual knowledge of a Chapter 7 bankruptcy case and the creditors' meeting satisfies due process, even without formal notice of the bar date, and the 'excusable neglect' standard does not apply to late filings in Chapter 7 cases.
• WJA Realty v. Schofill
  640 So. 2d 1165· Fla. 3d DCA· 1994-07-05
  Florida appellate court reversed the trial court's denial of defendant's motion to set aside a clerk's default and final judgment, finding excusable neglect, a meritorious defense, and due diligence under the applicable standard.
• Gilbert v. Gilbert
  639 So. 2d 645· Fla. 2d DCA· 1994-07-01
  Lori Gilbert appealed a trial court's denial of her motion to set aside a default in a dissolution proceeding. The court reversed, finding that Gilbert demonstrated excusable neglect when she failed to answer a dissolution petition due to difficulties retaining counsel, and reman
• Ardston v. Ardston
  647 So. 2d 141· Fla. 2d DCA· 1994-05-04
• Mitchell v. Kelly
  639 So. 2d 66· Fla. 3d DCA· 1994-05-03
• Faulkner v. Faulkner
  629 So. 2d 1100· Fla. 1st DCA· 1994-01-18
• Sunstate Courier, Inc. v. Byron
  629 So. 2d 1095· Fla. 2d DCA· 1994-01-14
  Sunstate Courier appealed the trial court's denial of its motion to set aside a default judgment entered by plaintiff Byron in a personal injury lawsuit. The appellate court reversed, finding that confusion between two related lawsuits arising from the same accident constituted e
• Yeiser v. Lone Pine Mobile Home Park, Inc.
  629 So. 2d 299· Fla. 2d DCA· 1993-12-22
  Appellants purchased a mobile home park and executed a mortgage to the seller. When the seller initiated a separate foreclosure action, appellants failed to respond, mistakenly believing the foreclosure documents related to their earlier rescission action. The trial court denied
• Kelley v. Price-MacEmon, Inc.
  992 F.2d 1408· 5th Cir.· 1993-06-15
  The court held that the seller of an ice plant auger had no duty to warn of its danger because the danger was obvious, thus affirming summary judgment in favor of the seller.
• Info. Sys. & Networks Corp. v. The United States
  994 F.2d 792· Fed. Cir.· 1993-05-25
  The court held that the Claims Court abused its discretion in denying ISN's motion for relief from default judgment because ISN's failure to file an answer was due to excusable neglect, not culpable conduct.
• Brannan v. United States
  993 F.2d 709· 9th Cir.· 1993-05-20
  A pro se litigant's letter mistakenly filed in the court of appeals will be construed as a notice of appeal and transferred to the district court for filing, and the matter remanded for determination of excusable neglect for late filing.
• Latham v. Wells Fargo Bank, N.A.
  987 F.2d 1199· 5th Cir.· 1993-04-13
  The court held that the district court did not err in denying the motions to extend the time for appeal and to set aside the order, as the movant failed to demonstrate excusable neglect or timely pursue available procedural remedies.
• In re Clift C. Lane v. Sullivan
  991 F.2d 105· 4th Cir.· 1993-04-12
  The court held that the district court's dismissal of the appeal was proper because it was untimely and issues were not raised before the bankruptcy court, and the appeal was frivolous warranting sanctions.
• Lewis v. Alexander
  987 F.2d 392· 6th Cir.· 1993-03-09
  A district court may employ Federal Rule of Civil Procedure 60(b) to permit an appeal outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) if specific conditions are met.
• Leibowitz v. Leibowitz
  611 So. 2d 629· Fla. 4th DCA· 1993-02-03
• United States v. Alpine Land & Reservoir
  984 F.2d 1047· 9th Cir.· 1993-01-29
  The court held that the district court abused its discretion in granting relief under Rule 60(b)(6) because Alpine failed to demonstrate extraordinary circumstances preventing timely action.
• The Harold Wash. Party v. The Cook Cnty.
  984 F.2d 875· 7th Cir.· 1993-01-29
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
• Wilson v. Runyon
  981 F.2d 987· 8th Cir.· 1992-12-15
  The court held that the district court erred in construing the plaintiff's untimely motion for reconsideration as a Rule 60(b) motion, and therefore dismissed the appeal for lack of jurisdiction.
• Rentclub, Inc. v. Transamerica Rental Fin. Corp.
  806 F. Supp. 259· M.D. Fla.· 1992-11-10
  The court held that a motion to amend an order disqualifying counsel to certify questions for interlocutory review under 28 U.S.C. § 1292(b) must be denied because such an order is immediately appealable as a final order under 28 U.S.C. § 1291, and the time for filing a notice of
• Bus. Credit Leasing v. City OF Biddeford
  978 F.2d 767· 1st Cir.· 1992-11-02
  The court held that the district court did not err in refusing to set aside the default judgment against ISI.