Excusable Neglect

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

• Shaw v. Odum
  35 Fla. Supp. 195· Lake Cty. Cir. Ct.· 1971-03-18
  A negligence plaintiff sought to vacate a dismissal order entered after her attorney failed to appear at a mandatory pre-trial conference. The court vacated the dismissal, finding the absence was due to excusable neglect (the attorney's secretary's illness and calendaring failure
• United States v. Surgeon
  421 F.2d 119· 8th Cir.· 1970-02-05
  The court held that the defendant's appeal was legally frivolous and that the notice of appeal was untimely, thus lacking appellate jurisdiction.
• State v. Fattorusso
  228 So. 2d 630· Fla. 3d DCA· 1969-12-02
  Florida appealed the dismissal with prejudice of an abortion charge against Doris Cook Fattorusso after the state failed to refile the information within a court-ordered 20-day period. The court reversed the prejudicial dismissal, holding that while a trial court has inherent aut
• Temple v. United States
  386 U.S. 961· U.S.· 1967-03-13
• Connell Robinson v. United States
  335 F.2d 975· D.C. Cir.· 1964-02-27
  The court held that a Section 2255 petition cannot serve as a substitute for a direct appeal, especially after the original appeal was dismissed.
• Goldfine v. United States et. al.
  326 F.2d 456· 1st Cir.· 1964-01-23
  The court held that the appellant did not file his petition within a reasonable time after learning of the sale's terms, thus affirming the dismissal.
• In re Orval Wyse v. Bankruptcy
  322 F.2d 798· 6th Cir.· 1963-09-27
  The court held that Archbold had a full opportunity to litigate the partnership issue and could not relitigate it due to prior adverse rulings affirmed on appeal.
• Belton v. United States
  259 F.2d 811· D.C. Cir.· 1958-05-15
  The dissenting judges argue that the defendant's appeal should be dismissed due to significant delays and lack of excusable neglect in perfecting the appeal. They contend that the time limits for appeal are jurisdictional and that the defendant's actions demonstrate a lack of dil
• Cherry v. Reid
  232 F.2d 31· D.C. Cir.· 1955-11-03
  The court should grant the motion to file the record on appeal because the pendency of a prior in forma pauperis petition constitutes excusable neglect.
• Mulvaney v. Lever Bros. Co.
  158 F.2d 956· 6th Cir.· 1946-12-13
  The court held that the plaintiff failed to show excusable neglect for failing to timely docket the appeal, and therefore the appeal was dismissed.