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

• Threat v. Rogers
  443 So. 2d 149· Fla. 1st DCA· 1983-12-08 ·cited 20×
  In a workers' compensation case, Aaron Threat appealed an order vacating a compensation award previously issued against his employers. The Florida District Court of Appeal affirmed the deputy commissioner's authority to vacate the order within the 30-day period before finality, f
• Lilly R. Vela and Lucretia Jackson v. W. Elec. Co.
  709 F.2d 375· 5th Cir.· 1983-07-11 ·cited 20×
  The court held that a district court did not abuse its discretion in dismissing a case as a sanction for a plaintiff's counsel's repeated failure to comply with discovery orders and court directives.
• Abray Constr. Co., Inc. v. Star Swimming Pools, Inc.
  426 So. 2d 1046· Fla. 2d DCA· 1983-01-21 ·cited 20×
  Abray Construction obtained a default judgment against Star Swimming Pools and Richard Foburg for failure to respond to a complaint. The defendants moved to vacate the default based on excusable neglect and claimed a meritorious defense, but the trial court granted the motion. Th
• In re LBL Sports Ctr. v. Bank OF Cadiz
  684 F.2d 410· 6th Cir.· 1982-08-05 ·cited 20×
  The court held that the district court lacked jurisdiction to hear the appeal because the notice of appeal was not timely filed, and the district court erred in considering the issue of excusable neglect.
• United States v. Jones
  567 F.2d 965· 10th Cir.· 1977-12-29 ·cited 20×
  An appeal by a surety from a judgment on the forfeiture of a bail bond is controlled by the criminal rules, requiring the notice of appeal to be filed within the time prescribed for criminal cases.
• Fed's., Inc. v. Edmonton Inv. Co.
  555 F.2d 577· 6th Cir.· 1977-04-11 ·cited 20×
  A debtor's unexpired lease of real property remains an executory contract in a Chapter XI proceeding, and its liabilities are not discharged unless affirmatively rejected by the debtor.
• Dutta Seshachalam v. Creighton Univ. Sch. of Med.
  545 F.2d 1147· 8th Cir.· 1976-12-13 ·cited 20×
  The court held that a motion for reconsideration, even if mislabeled, can toll the time for filing a notice of appeal if it questions the judgment's correctness. The court remanded to allow the appellant to seek nunc pro tunc acceptance of the notice of appeal.
• United States v. Solly
  545 F.2d 874· 3d Cir.· 1976-12-09 ·cited 20×
  The court held that a notice of appeal is considered filed when received by the clerk's office, not when it is entered on the docket. The court also remanded for a factual determination of when the notice was received.
• Adron P. Brainerd v. Beal
  498 F.2d 901· 7th Cir.· 1974-05-20 ·cited 20×
  The court held that the notice of appeal was not timely filed, and therefore the court lacked jurisdiction to hear the appeal.
• Bush v. The United States Postal Serv.
  496 F.2d 42· 4th Cir.· 1974-04-29 ·cited 20×
  The court would affirm dismissal for failure to prosecute, but for a peculiar circumstance regarding how the hearing date was set.
• Plotkin v. Deatrick Leasing Co.
  267 So. 2d 368· Fla. 3d DCA· 1972-10-17 ·cited 20×
  In this interlocutory appeal, the court addressed whether the trial judge abused its discretion in setting aside a default judgment against a corporate defendant in an automobile negligence suit. The court held that corporate inefficiency in failing to properly forward service of
• Flint v. Howard
  464 F.2d 1084· 1st Cir.· 1972-06-15 ·cited 20×
  The court denied the petition for rehearing, finding no merit in the petitioner's arguments regarding misleading court actions, the application of Rule 6(e), or treating a motion for reconsideration as a motion to vacate judgment.
• United States v. Mathews
  462 F.2d 182· 3d Cir.· 1972-06-06 ·cited 20×
  The court held that the appeal was untimely filed and therefore dismissed for lack of jurisdiction.
• In re Tr. Under the Will of Fred A. Aston
  245 So. 2d 674· Fla. 4th DCA· 1971-03-08 ·cited 20×
  John and Jayne Aston sought rehearing under Rule 1.540(b), F.R.C.P., of a final judgment construing a will, claiming they were unaware their interests were not represented by counsel at the original hearing. The court reversed the trial court's order granting the rehearing petiti
• Wojton v. Marks
  344 F.2d 222· 7th Cir.· 1965-04-07 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for relief under Rule 60(b) because the plaintiff failed to demonstrate excusable neglect or any other reason justifying relief from the judgment of dismissal for lack of prosecu
• Hines v. Seaboard AIR Line R.R. Co.
  341 F.2d 229· 2d Cir.· 1965-02-10 ·cited 20×
  The denial of a second motion for relief under Rule 60(b), based on new facts and arguments concerning excusable neglect, is an appealable issue.
• Evans v. Hydeman
  168 So. 2d 183· Fla. 2d DCA· 1964-08-26 ·cited 20×
  Luther Evans obtained a default judgment against eleven plaintiffs for failure to respond to his counterclaim, but the trial court vacated that judgment. Evans sought writs of mandamus and certiorari challenging the vacation order. The appellate court affirmed the trial court's d
• Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc.
  303 F.2d 609· 7th Cir.· 1962-05-10 ·cited 20×
  The court held that the district court lacked jurisdiction to grant an extension for filing a notice of appeal because the plaintiff did not demonstrate excusable neglect based on failure to learn of the judgment's entry.
• Edwin Raphael Co., Inc. v. Maharam Fabrics Corp.
  283 F.2d 310· 7th Cir.· 1960-11-01 ·cited 20×
  The court held that the order vacating default and quashing service was appealable and that the defendant did not have sufficient contacts with Illinois to be subject to its jurisdiction.
• Nichols-Morris Corp. v. Morris
  279 F.2d 81· 2d Cir.· 1960-05-25 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to extend the time to appeal.
• Tiramisu Intertional LLC v. Clever Imports LLC
  741 F. Supp. 2d 1279· S.D. Fla.· 2010-08-11 ·cited 19×
  The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for permanent injunctive relief, damages, and attorney fees, based on a default judgment for trademark infringement.
• Cedar Mountain Ests., LLC v. Loan ONE, LLC
  4 So. 3d 15· Fla. 5th DCA· 2009-01-23 ·cited 19×
  The trial court erred in denying the motion to amend the answer and in denying the motion to vacate the default judgment without a hearing.
• Gables Club Marina, LLC v. The Gables Condo. & Club Ass'n, Inc.
  948 So. 2d 21· Fla. 3d DCA· 2006-11-29 ·cited 19×
  Gables Club Marina appeals the trial court's vacatur of a default judgment it obtained against the Gables Condominium and Club Association. The court affirms, holding that the trial court did not abuse its discretion in vacating the default because the Condo Association demonstra
• Gibson Tr., Inc. v. Allen
  883 So. 2d 379· Fla. 4th DCA· 2004-09-29 ·cited 19×
  The Fourth District Court of Appeal reversed a default final judgment entered against defendants in a credit repair fraud case brought by the Florida Attorney General. The court found that defendants established excusable neglect based on a misunderstanding regarding a purported
• E.S. v. Dep't of Child. & Fam. Servs.
  878 So. 2d 493· Fla. 3d DCA· 2004-08-04 ·cited 19×
  E.S. appeals a judgment terminating her parental rights after she failed to appear at the final hearing. The trial court entered a default termination judgment without allowing E.S. to testify regarding her claimed medical inability to attend and her counsel's conflicting trial.
• Eric Michael Patz, M.D. v. Dep't OF Health
  864 So. 2d 79· Fla. 3d DCA· 2003-12-24 ·cited 19×·via Excusable Neglect Standard
  Dr. Eric Patz appeals a default judgment entered by the Florida Board of Medicine after he failed to timely file an Election of Rights form requesting a formal hearing within the required 21-day period. The court affirms, holding that administrative procedure rules requiring time
• Estle Spencer and Iva Spencer v. Barrow
  752 So. 2d 135· Fla. 2d DCA· 2000-03-08 ·cited 19×
  The Second District Court of Appeal reversed a trial court order awarding appellees $144,000 in combined trial and appellate attorney's fees in an automobile negligence case, holding that the appellees' motion for trial court attorney's fees was untimely under Florida Rule of Civ
• Gen. Motors Acceptance Corp. v. Thornberry
  629 So. 2d 292· Fla. 3d DCA· 1993-12-21 ·cited 19×
  GMAC appealed a trial court's denial of its motion to set aside a default judgment entered against it in a negligence suit. The court reversed, holding that GMAC's internal misrouting of service documents constituted excusable neglect warranting relief from default.
• First Cont'l Corp. v. Bashir H. Khan
  605 So. 2d 126· Fla. 5th DCA· 1992-08-21 ·cited 19×
  First Continental Corporation appeals a default judgment entered in a landlord-tenant dispute over alleged breach of a commercial lease and failure to vacate. The court affirmed the judgment, holding that a landlord who obtained a judgment for double rent in county court was barr
• Emmett Tucker & Cone Bros. Contracting Co. v. The Firestone Tire & Rubber Co. & Don Olson's Firestone, Inc.
  552 So. 2d 1178· Fla. 2d DCA· 1989-11-22 ·cited 19×
  The court reversed a trial court's dismissal of a personal injury action following the plaintiff's death because the trial court abused its discretion in refusing to consider a late motion to substitute the personal representative, where excusable neglect was shown due to difficu
• In re Knight v. Knight
  833 F.2d 1515· 11th Cir.· 1987-07-08 ·cited 19×
  The court held that the district court correctly reversed the bankruptcy court's order setting aside the default judgment.
• Clara P. Diamond, Inc. v. Tam-Bay Realty, Inc.
  462 So. 2d 1168· Fla. 2d DCA· 1984-12-19 ·cited 19×
  Clara P. Diamond, Inc. appealed a summary judgment, but the appeal was dismissed as untimely because the trial court lacked authority to extend the time for filing a motion for rehearing under Florida Rule of Civil Procedure 1.090(b). The court held that Rule 1.090(b) prohibits e
• Whack v. Seminole Mem'l Hosp., Inc.
  456 So. 2d 561· Fla. 5th DCA· 1984-09-27 ·cited 19×
  In this medical malpractice wrongful death case, the court affirmed the dismissal of claims against doctors Roberts and Phillips due to procedural sanctions for discovery violations, but reversed summary judgments against hospital Seminole Memorial and nurse anesthetist Richards,
• Hritz v. Woma Corp.
  732 F.2d 1178· 3d Cir.· 1984-04-23 ·cited 19×
  The court held that the district court must make explicit findings of fact regarding prejudice and culpable conduct when considering a motion to vacate a default judgment.
• Traguth v. D'Lela Zuck
  710 F.2d 90· 2d Cir.· 1983-06-17 ·cited 19×
  The court held that a default judgment was improperly entered because the defendant's pro se answer was timely filed within an extension period, and the court abused its discretion by not considering her motion to set aside the default, especially given her pro se status.
• Rich Motors, Inc. v. Loyd Cole Produce Express, Inc.
  244 So. 2d 526· Fla. 4th DCA· 1970-12-11 ·cited 19×
  Rich Motors sought certiorari review of a trial court order that reinstated a conversion action after the plaintiff had voluntarily dismissed it. The court held that once a plaintiff takes a voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1)(i), the trial court
• 214 Main St. Corp. v. Tanksley
  947 So. 2d 490· Fla. 2d DCA· 2006-11-15 ·cited 18×
  The Second District Court of Appeal reversed a trial court's order vacating a default judgment and writ of possession against a tenant who failed to timely pay rent into the court registry as ordered. The court held that under Florida Statute § 83.232(5), a tenant's failure to pa
• Parker v. State
  907 So. 2d 694· Fla. 4th DCA· 2005-08-03 ·cited 18×
  Kevin Parker appealed the trial court's denial of his motion for leave to file a belated postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The court affirmed the denial, holding that Parker failed to demonstrate the requisite good cause and excusable ne
• State v. Southtrust Bank
  886 So. 2d 393· Fla. 1st DCA· 2004-11-15 ·cited 18×
  The Florida Department of Transportation appealed two orders in an eminent domain case granting SouthTrust Bank's motion for an enlargement of time to file a motion to tax expert witness fees and costs, and granting the motion to tax supplemental fees and costs. The court held th
• Gateway Am. Bank OF Fla. v. Lucky JET Corp.
  720 So. 2d 1141· Fla. 4th DCA· 1998-11-12 ·cited 18×
  The court held that a breakdown in corporate policy due to a change in officers can constitute excusable neglect, warranting setting aside a default judgment.
• Venero v. Balbuena
  652 So. 2d 1271· Fla. 3d DCA· 1995-04-12 ·cited 18×
  Venero appeals the trial court's denial of his motion to set aside a default judgment entered in a subrogation action. The Third District Court of Appeal reversed, holding that Venero satisfied the three requirements for relief from default: meritorious defense, excusable neglect
• Preferred Mut. Ins. Co. v. Davis
  629 So. 2d 259· Fla. 4th DCA· 1993-12-15 ·cited 18×
  A judgment entered under the mandatory provisions of rule 1.820(h) is not immune to a motion to vacate under rule 1.540(a), Florida Rules of Civil Procedure, even if the failure to timely move for a trial de novo was due to excusable neglect.
• Gaetano Longo v. Longo
  576 So. 2d 402· Fla. 2d DCA· 1991-03-15 ·cited 18×
  In a family law dissolution case, the Florida appellate court affirmed the trial court's denial of the husband's motion to set aside a default judgment but reversed and remanded regarding child custody, holding that the trial court must make specific statutory findings regarding
• United States v. Parcel OF Land With Bldg.
  928 F.2d 1· 1st Cir.· 1991-03-12 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the claimant's motion for relief from judgment under Fed.R.Civ.P. 60(b)(6), and affirmed the forfeiture.
• Goldome v. Davis
  567 So. 2d 909· Fla. 2d DCA· 1990-08-31 ·cited 18×
  Goldome appealed a trial court's decision to set aside a default judgment and writ of garnishment against Davis for failing to pay a promissory note. The appellate court reversed, holding that Davis's misunderstanding of the legal consequences of her inaction did not constitute e
• In re San Juan Dupont Plaza Hotel Fire Litig. v. Tourism Co. OF Puerto RICO
  888 F.2d 940· 1st Cir.· 1989-11-08 ·cited 18×
  The court held that the Puerto Rico Tourism Company is an arm of the Commonwealth and thus immune from suit in federal court under the Eleventh Amendment.
• Rosenblatt v. Rosenblatt
  528 So. 2d 74· Fla. 4th DCA· 1988-07-06 ·cited 18×
  A trial court should not be precluded as a matter of law from exercising its discretion to set aside a default or default judgment when excusable neglect occurs after the deadline for a responsive pleading but before the default is entered.
• United States v. Eccles
  850 F.2d 1357· 9th Cir.· 1988-07-01 ·cited 18×
  The court held that it lacked jurisdiction to hear the defendant's interlocutory appeal from the denial of her motions, and affirmed the district court's partial suppression of statements due to psychological coercion.
• DeRUYTER v. State
  521 So. 2d 135· Fla. 5th DCA· 1988-01-14 ·cited 18×
  Joseph Karl DeRuyter appeals the denial of his motion to set aside a default judgment in a civil RICO forfeiture action brought by the State of Florida to forfeit his jointly-owned residence. The court affirms, holding that DeRuyter failed to demonstrate both excusable neglect an
• Passarella v. Hilton Int'l Co.
  810 F.2d 674· 7th Cir.· 1987-01-26 ·cited 18×
  The court held that the majority improperly substituted its judgment for the district court's reasonable conclusion regarding excusable neglect under Rule 60(b).