Excusable Neglect

1,860 Florida cases classified under this topic, plus 85 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Days Inns Acquisition Corp. v. Hutchinson
  707 So. 2d 747· Fla. 4th DCA· 1997-12-24 ·cited 23×
  Days Inns appealed a final default judgment entered against it in a declaratory judgment action concerning rights to a telephone number. The court reversed, holding that entry of a default judgment against Days Inns was premature because plaintiff's claim against Days Inns depend
• Cinkat Transp., Inc. v. Md. Cas. Co.
  596 So. 2d 746· Fla. 3d DCA· 1992-03-31 ·cited 23×
  Cinkat Transportation appealed the denial of its motion to vacate a default final judgment. The Third District Court of Appeal reversed, holding that Cinkat satisfied all three requirements for vacating a default judgment and that the trial court abused its discretion in denying
• Franklin v. Lizzie Franklin
  573 So. 2d 401· Fla. 3d DCA· 1991-01-22 ·cited 23×
  Franklin appeals the denial of his motion to set aside a default judgment in a divorce case that awarded his entire interest in the marital home to his wife. The court reverses, holding that Franklin's illiteracy, lack of counsel, and reasonable explanation for the nine-month del
• Hialeah, Inc. v. Adams
  566 So. 2d 350· Fla. 3d DCA· 1990-09-04 ·cited 23×
  Hialeah Park appealed a trial court's denial of its motion to vacate a default judgment entered after it failed to respond to a complaint. The appellate court reversed, holding that the defendant established excusable neglect through affidavits showing clerical staff inadvertentl
• Hardwick v. Brinson
  523 F.2d 798· 5th Cir.· 1975-11-20 ·cited 23×
  The court held that the prisoner's claims should be pursued in the Middle District, where he is currently incarcerated and has filed a suit encompassing similar claims.
• Coady v. Aguadilla Terminal Inc.
  456 F.2d 677· 1st Cir.· 1972-03-14 ·cited 23×
  The court held that the district court erred in dismissing the action for failure to post a bond, as excusable neglect should have been considered under local rules and federal rules.
• Lawn v. Wasserman
  226 So. 2d 261· Fla. 3d DCA· 1969-09-09 ·cited 23×
  The court held that the defendant failed to prove the child provoked the dog, entitling the minor plaintiff to a directed verdict on liability, but affirmed the dismissal of the mother's derivative claim due to lack of evidence.
• R.H. v. Dep't of Child. & Fam. Servs.
  860 So. 2d 986· Fla. 3d DCA· 2003-10-15 ·cited 22×
  A father appeals the denial of his motion to vacate a default judgment that resulted in termination of his parental rights. The court reversed, holding that the trial court abused its discretion in finding no excusable neglect and applied the wrong legal standard, and fundamental
• Edwards v. Elisha Najjar and Ruth Najjar
  748 So. 2d 1101· Fla. 3d DCA· 2000-01-26 ·cited 22×
  The court held that the defendant demonstrated excusable neglect and due diligence, warranting the vacation of a default judgment.
• Okeechobee Imports, Inc. v. Am. Sav. & Loan Ass'n OF Fla.
  558 So. 2d 506· Fla. 3d DCA· 1990-03-20 ·cited 22×
  Okeechobee Imports failed to respond to a lawsuit filed by American Savings and Loan Association, resulting in a default judgment. The Third District Court of Appeal reversed the trial court's denial of the motion to set aside the default, holding that the misfiling of the summon
• United States v. Gaetano Vastola
  899 F.2d 211· 3d Cir.· 1990-03-20 ·cited 22×
  The court held that a district court can grant an extension for filing a notice of appeal based on excusable neglect, and that inconsistent jury verdicts in criminal cases are permissible.
• Parke-Chapley Constr. Co. v. Cherrington
  865 F.2d 907· 7th Cir.· 1989-01-23 ·cited 22×
  The court held that the plaintiff's failure to file a timely notice of appeal deprived the court of jurisdiction, and the district court did not abuse its discretion in denying an extension of time to appeal.
• Collins v. Collins
  519 So. 2d 729· Fla. 2d DCA· 1988-02-05 ·cited 22×
  The trial court properly denied the husband's motion to set aside a default judgment of dissolution of marriage because he failed to submit affidavits or sworn statements establishing excusable neglect and a meritorious defense.
• Sierra Switchboard Co. v. Westinghouse Elec. Corp.
  789 F.2d 705· 9th Cir.· 1986-05-07 ·cited 22×
  The district court should have dismissed the appeal for failure to timely designate the record and issues on appeal.
• S.B. P'rs v. Holmes
  479 So. 2d 280· Fla. 2d DCA· 1985-12-06 ·cited 22×
  S.B. Partners appeals the trial court's denial of its motion to vacate a default judgment entered after it failed to respond to a personal injury complaint. The court reversed the denial of the motion to vacate, finding excusable neglect and meritorious defenses, but affirmed the
• Cuevas v. Reading & Bates Corp.
  770 F.2d 1371· 5th Cir.· 1985-09-19 ·cited 22×
  The court held that the district court's dismissal order was final and appealable, and that the district court did not abuse its discretion in dismissing the case on forum non conveniens grounds because U.S. law did not apply.
• In re O.P.M. Leasing Servs., Inc. v. FAR W. Fed. Sav. & Loan Ass'n
  769 F.2d 911· 2d Cir.· 1985-08-05 ·cited 22×
  The court held that the district court did not abuse its discretion in denying a motion for an out-of-time appeal, as the circumstances did not constitute excusable neglect.
• Eduard Falk and Lettye M. Falk v. Sun Cha Allen
  739 F.2d 461· 9th Cir.· 1984-08-02 ·cited 22×
  A tenant is entitled to relief from a default judgment for unlawful detainer when the landlord repeatedly accepted late rent, failed to provide proper notice for a subsequent delinquency, and the tenant has a meritorious defense and did not act culpably.
• Davidson v. Keenan
  740 F.2d 129· 2d Cir.· 1984-07-18 ·cited 22×·via Excusable Neglect Standard
  The court held that the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 requires objective bad faith by the plaintiff.
• In re Colo. Energy Supply, Inc. v. Obed Price
  728 F.2d 1283· 10th Cir.· 1984-03-06 ·cited 22×
  The court held that the appellant failed to timely file the notice of appeal and motion for extension, and that the bankruptcy court's Interim Operating Rules were validly adopted, thus affirming the dismissal of the appeal.
• Chrysler Credit Corp. v. MacIno
  710 F.2d 363· 7th Cir.· 1983-06-17 ·cited 22×
  The court held that the district court did not abuse its discretion in granting default judgment or denying motions to vacate, as the defendants failed to show good cause or excusable neglect.
• Barksdale v. Blackburn
  647 F.2d 630· 5th Cir.· 1981-06-12 ·cited 22×
  The court held that an untimely notice of appeal cannot be considered unless a motion for relief from the delay is filed within the time prescribed by the rules.
• Fleming v. Gulf OIL Corp.
  547 F.2d 908· 10th Cir.· 1977-04-01 ·cited 22×
  The court held that the plaintiff was entitled to relief under Rule 60(b)(6) because his lawsuit was dismissed without notice and legal authority, depriving him of a hearing.
• Sassoon v. United States
  549 F.2d 983· 5th Cir.· 1977-03-30 ·cited 22×
  The court held that the appeal must be dismissed because the district court failed to enter a judgment on a separate document as required by Fed.R.Civ.P. 58, and the notice of appeal was untimely filed.
• Gaines Lashley and Gaines Lashley as next of friend for Ronald Gaines Lashley v. Ford Motor Co. & Richardson Ford Co.
  518 F.2d 749· 5th Cir.· 1975-09-08 ·cited 22×
  The court held that the notice of appeal was not timely filed and the court lacked jurisdiction, but remanded for a determination of excusable neglect.
• Supermarkets Gen. Corp. v. Grinnell Corp.
  490 F.2d 1183· 2d Cir.· 1974-01-10 ·cited 22×·via Excusable Neglect Standard
  The court held that the district court did not abuse its discretion in denying a belated request to opt out of a class action settlement, as the appellant's counsel had notice of the settlement negotiations and the appellant failed to demonstrate excusable neglect or substantial
• United States v. Klari A. Erdoss
  440 F.2d 1221· 2d Cir.· 1971-04-02 ·cited 22×
  The court held that ignorance of the law, when a conscious decision has been made by counsel not to oppose a judgment, does not constitute excusable neglect under Rule 60(b)(1) and that Rule 60(b)(1) and 60(b)(6) are mutually exclusive.
• Winchell v. Lortscher
  377 F.2d 247· 8th Cir.· 1967-05-22 ·cited 22×
  The court held that notice to a party's attorney constitutes notice to the party under Rule 73(a), and therefore, the plaintiff's counsel's timely knowledge of the judgment precluded a finding of excusable neglect for a late appeal.
• Richland Knox Mut. Ins. Co. v. Kallen
  376 F.2d 360· 6th Cir.· 1967-04-11 ·cited 22×
  The court held that Litwin's cross-appeal was untimely and dismissed for lack of jurisdiction, and that the injuries did not arise from the "use" of an automobile under the insurance policy's exclusion.
• United States v. Elam Reamuel Temple
  372 F.2d 795· 4th Cir.· 1966-11-17 ·cited 22×
  The court held that an oral notice of appeal, even if transcribed, is generally insufficient to satisfy the jurisdictional requirement of timely written notice under Rule 37(a)(1), and dismissed the appeal as untimely.
• Nugent v. Yellow CAB Co.
  295 F.2d 794· 7th Cir.· 1961-11-08 ·cited 22×
  The court held that a party's ignorance of the rules regarding timely filing of post-trial motions, even if leading to an agreement for an unauthorized extension, does not provide grounds for relief under Rule 60(b).
• Barber v. N. Shore Hosp., Inc.
  133 So. 2d 339· Fla. 3d DCA· 1961-10-02 ·cited 22×
  Carol Ann Barber and her father appealed from a summary judgment dismissing their negligence complaint against North Shore Hospital. The court reversed the summary judgment, holding that the trial court abused its discretion in vacating a properly entered default judgment because
• Allstate Ins. Co. v. Ladner
  740 So. 2d 42· Fla. 1st DCA· 1999-03-30 ·cited 21×
  Allstate Insurance appealed the trial court's denial of its motion to vacate a clerk's default. The First District Court of Appeal reversed, holding that an unverified answer containing a general denial and affirmative defenses is sufficient to establish a meritorious defense for
• Misael Otero v. Gov't Emps. Ins. Co.
  606 So. 2d 443· Fla. 2d DCA· 1992-10-02 ·cited 21×
  An insurance company's inadvertent failure to follow its internal procedures for tracking and managing lawsuits constitutes gross negligence, not excusable neglect, when the company is a large corporate entity regularly engaged in litigation and receives multiple legal pleadings
• Geiserman v. MacDONALD
  893 F.2d 787· 5th Cir.· 1990-02-07 ·cited 21×
  The court held that the district court did not abuse its discretion in enforcing discovery timetables by striking the plaintiff's late expert witness designation and granting summary judgment.
• Finkel Outdoor Prods., Inc. v. Lasky
  529 So. 2d 317· Fla. 2d DCA· 1988-07-27 ·cited 21×
  Finkel Outdoor Products appealed the denial of its motion to set aside a default judgment entered against it. The court reversed, holding that the trial judge abused his discretion by denying the motion where the defendant acted promptly upon discovering the default, presented a
• Robert (Bobby) Smith v. Bounds
  813 F.2d 1299· 4th Cir.· 1987-03-18 ·cited 21×
  The court held that the district court did not abuse its discretion in ordering the establishment of a legal assistance program for inmates and in denying the defendants' motions for reconsideration.
• Acme Fast Freight, Inc. v. Bell
  318 So. 2d 212· Fla. 3d DCA· 1975-07-22 ·cited 21×
  The appellate court affirmed the trial court's denial of the motion to vacate the default judgment, finding no abuse of discretion.
• A. F. Dormeyer Co., Inc. v. M. J. Sales & Distrib. Co., Inc.
  461 F.2d 40· 7th Cir.· 1972-05-30 ·cited 21×
  The court held that an attorney's failure to file an answer with the clerk, after serving a copy on opposing counsel, constituted excusable neglect, and the district court abused its discretion in failing to vacate the default judgment.
• Md. Cas. Co. v. Conner
  382 F.2d 13· 10th Cir.· 1967-08-23 ·cited 21×
  The court held that the attorney's preoccupation with other cases due to a partner's death does not constitute excusable neglect for filing a late notice of appeal.
• Serio v. Badger Mut. Ins. Co. & Nw. Mut. Fire Ass'n
  266 F.2d 418· 5th Cir.· 1959-05-05 ·cited 21×
  The court held that the insured's motion for a new trial under Rule 60(b) should have been granted because the newly discovered evidence (insurance records) removed the sole basis for the prior judgment, and the delay in finding the records was excusable neglect.
• Aleong v. State
  963 So. 2d 799· Fla. 4th DCA· 2007-07-25 ·cited 20×
  The court held that an attorney's mistake in calendaring does not constitute an extraordinary circumstance for equitable tolling, and excusable neglect is unavailable in Chapter 120 proceedings. However, the Board erred by imposing a sanction greater than the guidelines without w
• Jennifer Denise Halpern, M.D. v. Houser
  949 So. 2d 1155· Fla. 4th DCA· 2007-02-28 ·cited 20×
  The Florida Fourth District Court of Appeal reversed a trial court's grant of relief from judgment to the Housers in a medical malpractice case. The court held that the trial court abused its discretion by granting the motion for relief without requiring sworn statements or condu
• Schwartz v. Bus. Cards Tomorrow, Inc.
  644 So. 2d 611· Fla. 4th DCA· 1994-11-09 ·cited 20×
  The court held that a defendant must satisfy all three prongs of excusable neglect, meritorious defense, and due diligence to set aside a default.
• Hough v. Local 134
  867 F.2d 1018· 7th Cir.· 1989-02-01 ·cited 20×·via Excusable Neglect Standard
  The court held that the denial of the motion to vacate was not an abuse of discretion because the attorney's misunderstanding of a court order did not constitute excusable neglect. The appeal from the summary judgment was untimely.
• Dominic v. Hess OIL V.I. Corp.
  841 F.2d 513· 3d Cir.· 1988-03-10 ·cited 20×·via Excusable Neglect Standard
  The court held that the district court did not abuse its discretion in allowing the plaintiff additional time to serve process, but erred in awarding expert witness fees exceeding statutory limits.
• Selma Smith v. First Nat'l Bank OF Atlanta
  837 F.2d 1575· 11th Cir.· 1988-02-26 ·cited 20×
  The court held that the district court properly granted summary judgment for the defendant bank on all claims, and that the bank was permitted to withdraw admissions under Rule 36(b).
• 650 Park Ave. Corp. v. McRAE
  836 F.2d 764· 2d Cir.· 1988-01-08 ·cited 20×
  The court held that the district court abused its discretion by granting an extension for filing a notice of appeal based on the attorney's administrative oversight, as this does not constitute excusable neglect.
• Williams v. NEW Orleans Pub. Serv., Inc.
  728 F.2d 730· 5th Cir.· 1984-04-02 ·cited 20×
  The court held that a party's failure to timely appeal a default judgment, due to their own attorney's repeated neglect and defiance, precludes relief under Rule 60(b) for failure to hold a damages hearing.
• United States v. $55
  728 F.2d 192· 3d Cir.· 1984-02-21 ·cited 20×
  The district court abused its discretion in refusing to vacate a default judgment because the defendant satisfied the criteria for setting aside a default, including demonstrating a meritorious defense and lack of culpable conduct.