Excusable Neglect

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

• LA Nacion Newspaper, Inc. v. Rivero
  478 So. 2d 451· Fla. 3d DCA· 1985-11-12
  The court held that the trial court abused its discretion by refusing to set aside a default judgment when the defendant demonstrated excusable neglect and a meritorious defense.
• In re Florida Rules of Practice and Procedure for Traffic Courts
  477 So. 2d 542· Fla.· 1985-09-30
  The Florida Supreme Court amended the Florida Rules of Practice and Procedure for Traffic Courts effective October 1, 1985, establishing new procedures for traffic violations bureaus, criminal traffic offenses, and traffic infractions in response to petitions from the Committee t
• Habib Amir Abdallah ALI v. Lyles
  769 F.2d 204· 4th Cir.· 1985-08-05
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was filed outside the permissible sixty-day period.
• Veltri v. Lukon
  464 So. 2d 1326· Fla. 5th DCA· 1985-03-14
• Tark Enters., Inc. v. Siedlecki
  458 So. 2d 1181· Fla. 4th DCA· 1984-11-07
  Tark Enterprises appeals from a trial court's denial of its motion to vacate a default judgment entered for failure to answer a complaint. The court reverses, holding that the default should be set aside where an insurance adjuster's inadvertence in failing to forward the case fi
• Moore v. Schraw
  455 So. 2d 605· Fla. 5th DCA· 1984-09-06
  Moore appeals the trial court's order vacating a default judgment entered against Schraw and Schraw Realty for failure to respond to a breach of contract complaint. The appellate court reverses, holding that the default was properly entered without notice and that defendants fail
• B.R. Fries & Assocs., Inc. v. Filomena Meagher and John P. Meagher
  448 So. 2d 1211· Fla. 3d DCA· 1984-04-24
  B.R. Fries & Associates sought to set aside a default judgment entered against it after the defendant failed to file responsive pleadings. The Florida appellate court affirmed the trial court's denial of the motion to vacate, finding no gross abuse of discretion.
• Sunny S. Aircraft Serv., Inc. v. Inversiones
  443 So. 2d 216· Fla. 4th DCA· 1983-12-14
  The court held that the trial judge did not abuse his discretion in denying the motion to vacate the default judgment.
• W. Life Ins. Co. v. Kessler
  442 So. 2d 1006· Fla. 3d DCA· 1983-11-22
• Marco Surfside, Inc. v. Velez
  438 So. 2d 911· Fla. 3d DCA· 1983-09-27
• Sofarelli Assocs., Inc. v. The United States
  716 F.2d 1395· Fed. Cir.· 1983-09-15
  The court held that it lacks jurisdiction to hear the appeal because the notice of appeal was not filed within the mandatory 60-day period required by Fed.R.App.P. 4(a)(1).
• LaBARCA v. RCA Serv. Co.
  438 So. 2d 885· Fla. 4th DCA· 1983-09-14
  LaBarca, a motel owner, appeals an interlocutory order denying his motion to vacate a default judgment entered after he failed to respond to a replevin suit filed by RCA Service Company. The court affirmed, finding no abuse of discretion where LaBarca failed to support his excuse
• Campos v. NEW England Oyster House
  711 F.2d 158· 11th Cir.· 1983-08-04
  The court affirmed the district court's judgment for the plaintiff on the discrimination claim but reversed the award of attorney's fees due to counsel's failure to file a brief.
• DeLISI v. Bankers Ins. Co.
  427 So. 2d 363· Fla. 4th DCA· 1983-03-02
  A defendant's status as a fugitive from justice does not constitute excusable neglect for failing to respond to a lawsuit.
• Kuechenberg v. Creative Interiors, Inc.
  424 So. 2d 145· Fla. 4th DCA· 1982-12-29
  Kuechenberg and Interior Arts appeal a default judgment entered as a discovery sanction for failing to produce documents. The court reverses, holding that the trial court erred by imposing the severe sanction of striking pleadings and entering default judgment without notice and
• Sprout v. Farmers Ins. Exch.
  681 F.2d 587· 9th Cir.· 1982-07-09
  The court held that a district court abuses its discretion by granting an extension for a late notice of appeal absent a showing of excusable neglect or good cause.
• The Capitol Life Ins. Co. v. Schnure
  665 F.2d 237· 8th Cir.· 1981-12-04
  The court held that the Rule 60(b) motion was untimely and improper, and thus the district court did not abuse its discretion in denying relief.
• Sportatorium, Inc. v. Kamilar
  407 So. 2d 929· Fla. 3d DCA· 1981-11-24
  Sportatorium appeals the trial court's denial of its motion to vacate a default judgment entered against it in a negligence suit. The court reverses, holding that Sportatorium demonstrated both excusable neglect and a meritorious defense under the liberal standard established in
• Joene E. Ellis v. Ellis
  404 So. 2d 774· Fla. 2d DCA· 1981-09-23
  The appellate court affirmed the trial court's denial of the former wife's motion to set aside an order terminating alimony, which was based on a default entered against her for failing to respond to a petition for modification.
• In re GAC Corp. v. Callahan
  640 F.2d 7· 5th Cir.· 1981-03-16
  The court held that the district court lacked authority to grant a second extension for filing a notice of appeal beyond the limits prescribed by F.R.A.P. 4(a)(5).
• Davidson v. Farouke Warris
  389 So. 2d 323· Fla. 3d DCA· 1980-10-21
  In this interlocutory appeal, the Third District Court of Appeal reversed a trial court's order denying a motion to vacate a clerk's default, holding that excusable neglect was demonstrated and that Florida policy favors liberality in vacating defaults.
• Bearden v. Revis
  388 So. 2d 1363· Fla. 5th DCA· 1980-10-15
  The court held that it had jurisdiction to hear an interlocutory appeal from an order setting aside a default judgment when that order determined the right to immediate possession of property.
• The Cricket Club, Inc. v. Basso
  384 So. 2d 908· Fla. 3d DCA· 1980-06-03
  The Cricket Club appeals from a default judgment and $15,500 damages award in a negligence action arising from a slip-and-fall injury. The appellate court affirmed, holding that the trial court did not abuse its discretion in denying the Club's motion to set aside the default or
• In re Buckingham Super Mkts., Inc.
  631 F.2d 763· D.C. Cir.· 1980-02-15
  The court held that a misunderstanding between counsel and client regarding the filing of an appeal notice can constitute excusable neglect, and that the landlord presented sufficient proof of its interest in the overdue rent.
• Cyrus H. Thomas & Indus. Vinyls, Inc. v. Am. Vinyl Co.
  379 So. 2d 448· Fla. 3d DCA· 1980-02-05
• Kandell v. Patten
  375 So. 2d 356· Fla. 4th DCA· 1979-10-03
  Frank Patten sued Karl Kandell and related entities over a promissory note, shareholder derivative claim, and alter ego liability. The trial court dismissed the case for lack of prosecution in December 1977, but later reinstated it in June 1978 based on excusable neglect. The app
• Taylor v. S & D Enters., Ltd.
  601 F.2d 175· 5th Cir.· 1979-08-09
  The court held that the appellants' failure to timely arrange for the preparation of the transcript constituted a deliberate failure to abide by appellate rules, warranting denial of their motion for an extension.
• Nationwide Mut. Ins. Co. v. Holmes
  369 So. 2d 656· Fla. 4th DCA· 1979-04-04
• Embassy Condo. Apts. Ass'n, Inc. v. Urbano
  48 Fla. Supp. 177· Broward Cty. Cir. Ct.· 1978-11-28
  A motion to set aside a default judgment that is legally insufficient on its face may be denied without a hearing.
• Despres v. Pagel
  358 So. 2d 905· Fla. 1st DCA· 1978-05-22
• Supro Corp. v. Bridwell
  361 So. 2d 734· Fla. 4th DCA· 1978-02-28
  The trial court erred in vacating a default judgment based solely on attorney neglect and concern for clients, without a legally sufficient reason.
• BAY Convalescent Ctr., Inc. v. Carroll
  352 So. 2d 900· Fla. 1st DCA· 1977-11-22
  Bay Convalescent Center appeals a default judgment in a wrongful death negligence case, arguing the trial court erred in denying its motion to vacate the default. The court affirmed, holding that Bay failed to present a factual record demonstrating either excusable neglect or a m
• Miami Nat'l Bank v. Barnett Bank OF Miami
  350 So. 2d 522· Fla. 3d DCA· 1977-10-04
• Schwartz v. Peterson
  46 Fla. Supp. 97· Palm Beach Cty. Cir. Ct.· 1977-08-29
  In this mortgage foreclosure case, the circuit court initially denied defendants' motion to vacate a default judgment and foreclosure sale, finding Mrs. Peterson suffered excusable neglect but lacked a meritorious defense. However, the court subsequently vacated the judicial sale
• BAR BOY Int'l, Inc. v. Pyle
  352 So. 2d 74· Fla. 4th DCA· 1977-05-27
• Fryer v. Indus. Fire & Cas. Ins. Co.
  339 So. 2d 285· Fla. 3d DCA· 1976-11-16
  Mable Fryer appealed the trial court's order vacating a default judgment against an insurance company. The court affirmed, holding that the insurer demonstrated excusable neglect where attorneys were in contact, the trial judge was not notified of the default motion, and the insu
• Hank B. Vanbeever and Carolyn G. Vanbeever v. DeWOLF
  528 F.2d 932· 3d Cir.· 1976-01-29
  The court held that the district court erred in denying the motion to vacate the judgment because the defendant did not receive adequate notice of the trial date.
• Clark v. Roberto's, Inc.
  320 So. 2d 870· Fla. 4th DCA· 1975-10-03
  Appellant Clark sued Roberto's, Inc. to rescind dance lesson enrollment agreements totaling nearly $100,000. After Roberto's failed to timely respond, a default judgment was entered in Clark's favor. The trial court vacated the default, finding service proper and neglect excusabl
• Runyon v. Runyon
  316 So. 2d 85· Fla. 4th DCA· 1975-07-03
  Florida appellate court affirmed an order denying vacation of a custody award, but preserved appellant's right to an evidentiary hearing to rebut the Division of Family Services report underlying the original custody determination.
• Gillett v. Callaway
  289 So. 2d 36· Fla. 4th DCA· 1974-01-31
  The court held that the trial court did not abuse its discretion in vacating a dismissal with prejudice entered as a discovery sanction, based on counsel's excusable neglect.
• Montgomery Ward & Co. v. Richards
  282 So. 2d 191· Fla. 1st DCA· 1973-09-06
• Southall v. Seaboard Coast Line R.R. Co.
  39 Fla. Supp. 124· Lake Cty. Cir. Ct.· 1973-06-20
  In a personal injury action arising from a train accident, the court granted defendant W. R. Thomas's motion to set aside a default judgment entered against him, finding that his failure to respond resulted from excusable neglect when his employer's mailing of the summons and com
• Gacl, Inc. v. Zeger
  276 So. 2d 552· Fla. 3d DCA· 1973-04-24
  The trial court did not abuse its discretion in denying motions to set aside a default judgment, as the facts did not demonstrate sufficient grounds for relief.
• Johnson v. United States
  475 F.2d 762· 5th Cir.· 1973-03-23
  The court held that the appeal must be dismissed because the notice of appeal was not timely filed.
• Pearlie Taylor v. First Nat'l Bank OF Miami
  270 So. 2d 379· Fla. 3d DCA· 1972-12-12
  Pearlie Taylor, the defendant-purchaser in a used car installment contract, appealed a summary judgment entered against her for a deficiency balance after the vehicle was repossessed and sold. The appellate court affirmed the judgment, finding no usury violation and no abuse of d
• Stern v. Commercial Constr. Corp.
  268 So. 2d 549· Fla. 3d DCA· 1972-11-14
  Stern appeals a default judgment entered against him when he failed to appear at trial, and a default entered against him on a counterclaim. The court affirmed the default on Stern's complaint but reversed the default on the counterclaim and subsequent damage judgment, holding th
• Hall v. Pa. Threshermen's Ins. Co.
  37 Fla. Supp. 27· Lake Cty. Cir. Ct.· 1972-05-06
  This case addresses whether Rule 1.540 (relief from judgment for mistake, inadvertence, or excusable neglect) applies to reinstate actions dismissed for want of prosecution under Rule 1.420. The court held that Rule 1.540 provides an applicable remedy for reinstatement when timel
• Serafin Martinez & Preferred Risk Mut. Ins. Co. v. Kanitz
  254 So. 2d 405· Fla. 3d DCA· 1971-11-09
  Martinez and his insurer appealed an order denying their motion to set aside a default judgment entered due to late mail delivery during the Christmas holidays. The court reversed, holding that defendants were not negligent in missing the pleading deadline when the delay resulted
• Lum's, Inc. v. Farish
  251 So. 2d 338· Fla. 3d DCA· 1971-06-22
  Lum's, Inc. appeals a summary judgment for rescission of a franchise agreement, challenging whether the trial court properly imposed deemed admissions based on improperly executed answers to a request for admissions. The court reverses, holding that the trial judge abused his dis
• In re Georgea Kosmadakes
  444 F.2d 999· D.C. Cir.· 1971-05-14
  The court held that the appellant was entitled to notice and an opportunity to be heard on her objections to the auditor's report before a money judgment was entered against her, and that the denial of her motion to vacate that judgment was erroneous.