Excusable Neglect

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

• J. Boyd Roofing Co. v. Seibels Bruce Ins. Co.
  601 So. 2d 1237· Fla. 4th DCA· 1992-06-17
• Pieco, Inc. v. Sunset Amoco W., Inc.
  597 So. 2d 972· Fla. 3d DCA· 1992-05-12
• Buck v. U.S. Dep't OF Agric.
  960 F.2d 603· 6th Cir.· 1992-04-06
  The court held that the district court did not abuse its discretion in denying the motion to set aside the dismissal for lack of prosecution, as the attorney's conduct was culpable and the claims lacked merit.
• Britt v. Whitmire
  956 F.2d 509· 5th Cir.· 1992-03-31
  The court held that it lacked jurisdiction because the appellant failed to file a timely notice of appeal and the district court abused its discretion in allowing an untimely amended notice.
• Va. KEY Marina, Inc. v. Bello
  593 So. 2d 1223· Fla. 3d DCA· 1992-02-25
  The trial court abused its discretion by striking pleadings and dismissing a counterclaim as a sanction for untimely filing a pretrial catalog.
• Compania Trasatlantica Espanola, S.A. v. Hartford Accident & Indem. Co.
  950 F.2d 105· 2d Cir.· 1991-12-04
  The court held that it would be "manifestly unjust" to deny the appellant's motion to vacate a stipulation withdrawing its notice of appeal, thus reinstating the original appeal.
• Vanzant v. R.L. Prods., Inc.
  118 F.R.D. 609· S.D. Fla.· 1991-11-18
  The court held that the defendants' motion for attorney fees was untimely filed and that the case did not rise to the level of exceptional circumstances required for an award under 35 U.S.C. § 285.
• Chicago Downs Ass'n, Inc. v. Chase
  944 F.2d 366· 7th Cir.· 1991-09-26
  The court held that the defendant waived his arguments for relief from judgment by failing to file a Rule 60(b) motion in the district court and that the district court did not abuse its discretion in allowing the registration of the judgment in other districts.
• Knapp v. DOW Corning Corp.
  941 F.2d 1336· 5th Cir.· 1991-09-23
  The court held that the district court did not abuse its discretion in denying the motion for new trial and for relief from judgment under Rule 60(b).
• Mason v. Groose
  942 F.2d 515· 8th Cir.· 1991-08-20
  The court held that the appellant's notice of appeal was untimely because it was filed more than 30 days after the entry of final judgment, and the district court lacked jurisdiction to grant an extension without proper notice and showing of excusable neglect.
• Sunset Ctr. Props., Ltd. v. Associated Med. Health Servs., Inc.
  585 So. 2d 977· Fla. 3d DCA· 1991-08-13
  Sunset Center Properties appealed the trial court's order vacating a default judgment against Jesse Starkman, the personal guarantor of a commercial lease. The court affirmed, holding that the guarantee language limited Starkman's liability to the first twelve months of the lease
• Intertrans Navigation, Inc. v. Seguros ST. Paul de Venezuela
  576 So. 2d 419· Fla. 3d DCA· 1991-03-19
  Intertrans Navigation appealed an order denying its motion to set aside a default judgment under Florida Rule of Civil Procedure 1.540. The court affirmed, holding that service of process was valid and the defendant failed to demonstrate either excusable neglect or a meritorious
• Weekley v. Jones
  927 F.2d 382· 8th Cir.· 1991-03-04
  The court held that the district court did not abuse its discretion in granting an extension for the notice of appeal, but reversed and remanded for further consideration of the jury selection and ineffective assistance of counsel claims.
• Mattson v. Brown Univ.
  925 F.2d 529· 1st Cir.· 1991-02-12
  The court held that the plaintiff's appeal on the merits was without basis due to a failure to properly object to jury instructions, but that the defendant's bill of costs was untimely.
• Penrod Drilling Co. v. The United States
  925 F.2d 406· Fed. Cir.· 1991-02-07
  The Court of International Trade did not abuse its discretion in denying Penrod's motion to extend the time for appeal because the failure to timely serve a motion to rehear was due to Penrod's own negligence, not excusable neglect or good cause.
• Krasne-Gold Coast Joint Venture v. Allied Drywall, Inc.
  573 So. 2d 194· Fla. 4th DCA· 1991-01-23
  A property owner appealed a trial court order that vacated its earlier discharge of a contractor's mechanic's lien. The court reversed, holding that mechanic's lien discharge orders under Florida Statute § 713.21(4) cannot be vacated based on excusable neglect or due diligence wh
• United States v. Prairie Pharmacy, Inc.
  921 F.2d 211· 9th Cir.· 1990-12-11
  The court held that attorney negligence in miscalculating an appeal deadline does not constitute excusable neglect under Rule 4(b) of the Federal Rules of Appellate Procedure, and the district court did not abuse its discretion in denying an extension.
• The Partrade, Inc. v. Marchiano
  566 So. 2d 588· Fla. 3d DCA· 1990-09-11
  Partrade, Inc. and Olson Industries, Inc. appealed a trial court's denial of their motion to vacate a default judgment entered against them in a personal injury suit. The appellate court reversed, holding that the defendants demonstrated excusable neglect due to mishandling of se
• Lowndes v. Global Marine Drilling Co.
  909 F.2d 818· 5th Cir.· 1990-08-27
  The court held that the district court did not abuse its discretion in denying the motion for reconsideration because the plaintiff failed to provide a valid excuse for the untimely submission of evidence.
• United States v. Sotelo
  907 F.2d 102· 9th Cir.· 1990-06-29
  The court held that the appeals must be remanded for a finding of excusable neglect regarding the late filing of the notices of appeal.
• Vianello v. Pacifico
  905 F.2d 699· 3d Cir.· 1990-06-15
  The court held that the district court erred in concluding that Fed.R.Civ.P. 77(d) barred it from granting an extension of time to file a notice of appeal due to excusable neglect. The court reversed and remanded for further consideration.
• Rosado v. Last Great Am. Enters., Inc.
  562 So. 2d 421· Fla. 5th DCA· 1990-06-14
• Conn. Nat'l Mortg. Co. v. Brandstatter
  897 F.2d 883· 7th Cir.· 1990-03-12
  The court held that the district judge abused her discretion by entering a default judgment without notice and without considering the defendant's motion to file an untimely answer.
• In re Sweet Transfer & Storage, Inc. v. Kuntz
  896 F.2d 1189· 9th Cir.· 1990-02-21
  The court held that notices of appeal filed before the entry of the order denying reconsideration and judgment, or more than ten days after such entry, were untimely and ineffective, divesting the court of jurisdiction.
• Renzalo Melton v. Frank
  891 F.2d 1054· 2d Cir.· 1989-12-14
  The court held that a motion for an extension of time to file a notice of appeal under Fed.R.App.P. 4(a)(5) must be filed within 30 days of the expiration of the prescribed appeal period, including any automatic extensions under Rule 4(a)(3).
• Rutshaw v. Arakas
  549 So. 2d 769· Fla. 3d DCA· 1989-10-03
  Plaintiff Rutshaw obtained a default judgment in a dog bite case against defendants Arakas after they failed to answer. The trial court vacated the judgment under Rule 1.540(b) despite finding no fraud or misconduct, citing insufficient trial notice. The appellate court reversed,
• United States v. Estela-Melendez
  878 F.2d 24· 1st Cir.· 1989-06-30
  The court held that the defendant failed to establish ineffective assistance of counsel, thus the district court did not abuse its discretion in denying his motion to reinstate appellate rights.
• In re Hughes v. Lieberman
  873 F.2d 262· 11th Cir.· 1989-05-17
  The court held that the debtor should be given an opportunity to present organized financial records to determine if denial of discharge is appropriate, applying equitable principles.
• Bobrow Greenapple & Skolnik v. Woods
  865 F.2d 43· 2d Cir.· 1989-01-09
  The court held that the default judgment was properly entered and the district court did not err in applying the more stringent standard for setting aside the judgment.
• United States v. Anna
  863 F.2d 31· 8th Cir.· 1988-12-16
  The court held that the 1984 amendments to 18 U.S.C.App. § 1202(a)(1) were intended to enhance punishment for career criminals, not create a new offense.
• Younas Mohammad v. J.I. Kislak Mortg. Corp.
  534 So. 2d 818· Fla. 3d DCA· 1988-11-29
  Default judgment was improper where the defendant filed a responsive pleading before the default hearing, and must be set aside without requiring a showing of excusable neglect.
• Schearbrook Land & Livestock Co. v. United States
  102 F.R.D. 954· M.D. Fla.· 1988-09-02
• John B. Pike & SON, Inc. v. Atl. Coast Asphalt, Inc.
  530 So. 2d 487· Fla. 1st DCA· 1988-09-01
  Pike & Son appeals the denial of its motion to vacate a default judgment entered against it in a subcontract dispute with Atlantic Coast Asphalt. The court affirmed the trial court's denial, finding that Pike received adequate warning of the default threat and fair opportunity to
• First Nat'l Monetary Corp. v. Commodity Futures Trading Comm'n
  860 F.2d 654· 6th Cir.· 1988-08-10
  The court held that the Commodity Futures Trading Commission's order denying legal fees under the Equal Access to Justice Act was supported by substantial evidence, affirming the denial.
• Elwood L. Moore v. Hogan
  851 F.2d 1125· 8th Cir.· 1988-07-20
  The court held that the motion to extend the time for appeal was untimely because it was filed more than 20 days after the expiration of the initial ten-day period for filing a notice of appeal.
• Hurd v. AL Springer Roofing, Inc.
  526 So. 2d 784· Fla. 3d DCA· 1988-06-21
• Wilder v. Prokop
  846 F.2d 613· 10th Cir.· 1988-05-10
  The court held that the district court had jurisdiction to review the MSPB's decision, but the MSPB's dismissal of the appeal as untimely was not arbitrary or capricious, and mandamus relief was not warranted.
• Orlando Sandpiper P'rs, Ltd. v. Barber
  519 So. 2d 1137· Fla. 5th DCA· 1988-02-11
  The court held that the trial court erred in denying the motion to set aside a clerk's default because the delay was caused by excusable neglect.
• AVIS Rent-A-Car Sys., Inc. v. Hercules
  515 So. 2d 418· Fla. 3d DCA· 1987-11-17
• Smith v. Gunsaullus
  511 So. 2d 1108· Fla. 1st DCA· 1987-09-03
  Smith appealed a foreclosure judgment, arguing the trial court erred in denying her motion to set aside the judgment based on mistake, inadvertence, surprise, and excusable neglect. The appellate court affirmed, holding that Smith's counsel failed to demonstrate excusable neglect
• C. Itoh & Co. (America), Inc. v. M/V Bright Star
  825 F.2d 74· 5th Cir.· 1987-08-25
  The court held that the district court did not err in reinstating the case after a failed settlement and entering a default judgment against the defendant.
• Value Rent-A-Car, Inc. v. Ajemian
  509 So. 2d 1388· Fla. 4th DCA· 1987-07-29
• Bil-Jax, Inc. v. Williamson
  497 So. 2d 1350· Fla. 4th DCA· 1986-12-03
  The trial court did not abuse its discretion in denying a motion to vacate a final judgment on default because the movant failed to establish excusable neglect.
• NEC Corp. v. United States
  806 F.2d 247· Fed. Cir.· 1986-11-28
  The Court of Appeals affirmed the trial court's dismissal, holding that the proper filing of a summons is a jurisdictional requirement that was not met due to insufficient postage.
• In re Florida Rules of Practice and Procedure for Traffic Courts
  494 So. 2d 1129· Fla.· 1986-09-18
  The Florida Supreme Court adopted amendments to the Florida Rules of Practice and Procedure for Traffic Courts, effective October 1, 1986. The amendments established procedures for the DWI Schools Coordination Trust Fund, modified rules governing withheld adjudication, traffic sc
• In re Forfeiture OF ONE 1975 35' Cigarette Boat v. Town OF Golden Beach
  498 So. 2d 960· Fla. 3d DCA· 1986-09-16
  The appellate court affirmed the denial of a motion to set aside a forfeiture order. The appellant, claiming a lien on the seized vessel, failed to establish a meritorious defense because their asserted lien was not properly pleaded as a valid defense in state court.
• Cent. Adjustment Bureau, Inc. v. Myles R. Sahlgren
  492 So. 2d 1184· Fla. 1st DCA· 1986-08-20
• Kermit George Hilliard v. Kincheloe
  796 F.2d 308· 9th Cir.· 1986-08-06
  The court held that the district court should consider evidence of excusable neglect or good cause for an untimely appeal, especially when the appellant was unrepresented.
• Fernandez v. Suburban Coastal Corp.
  489 So. 2d 70· Fla. 4th DCA· 1986-04-16
  In this foreclosure sale case, the appellate court affirmed the trial court's decision to set aside a judicial sale where property was sold for $100 to the only bidder after the mortgagee's agent failed to attend the sale. The court held that gross inadequacy of price, when combi
• In re Forfeiture OF $2 v. Sypien
  485 So. 2d 23· Fla. 5th DCA· 1986-03-13
  Trial court erred in setting aside default judgment in forfeiture action where appellee failed to answer complaint despite proper service and failed to demonstrate excusable neglect.