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

• Fortune Ins. Co. v. Vincente Sanchez, Jr.
  490 So. 2d 249· Fla. 3d DCA· 1986-07-01 ·cited 18×
  A clerk's default against an insurance company was reversed because the defendant established excusable neglect due to misfiling, disclosed meritorious affirmative defenses, and acted with due diligence in moving to vacate.
• United States v. Andrews
  790 F.2d 803· 10th Cir.· 1986-04-30 ·cited 18×
  The court should remand for a hearing to determine if an actual conflict of interest adversely affected counsel's performance, potentially invalidating the guilty plea.
• United States v. O'Leary
  788 F.2d 1238· 7th Cir.· 1986-04-16 ·cited 18×
  The court held that the petitioner's appeal must be dismissed for lack of jurisdiction because the notice of appeal was not timely filed and no timely motion for an extension was made.
• Morris v. Adams-Millis Corp.
  758 F.2d 1352· 10th Cir.· 1985-04-01 ·cited 18×
  The court held that an attorney's motion for relief from an order taxing costs and attorneys' fees against him personally, filed after the time for appeal had expired, could not be used to challenge the original order, and thus the denial of the motion was not an abuse of discret
• Darron K. Campbell v. White
  721 F.2d 644· 8th Cir.· 1983-12-01 ·cited 18×
  A notice of appeal received more than 30 days after judgment is untimely and cannot be considered a motion for an extension of time to appeal under Rule 4(a)(5) of the Federal Rules of Appellate Procedure.
• United States v. Forty-Eight Thousand
  705 F.2d 909· 7th Cir.· 1983-04-18 ·cited 18×
  The court held that the district court abused its discretion in denying the Rule 60(b) motion because the appellant presented a colorable defense and the circumstances warranted excusable neglect for the delay.
• Purcell v. Deli MAN, Inc.
  411 So. 2d 378· Fla. 4th DCA· 1982-03-31 ·cited 18×
  This case addresses whether a trial court can entertain a second Rule 1.540(b) motion to set aside a default judgment when the grounds could have been raised in an earlier motion filed nearly two years prior. The appellate court reversed the trial court's grant of the second moti
• HAM v. Smith
  653 F.2d 628· D.C. Cir.· 1981-04-30 ·cited 18×
  The court held that a pro se plaintiff facing summary judgment must be given clear notice of the motion's nature and the risks of non-response, and adequate time to respond.
• Reynolds v. Hunt OIL Co.
  643 F.2d 1042· 5th Cir.· 1981-04-14 ·cited 18×
  The court held that the notice of appeal was untimely filed and that the court lacked jurisdiction to hear the appeal.
• Cunningham v. Clancie White and Essie White
  390 So. 2d 467· Fla. 3d DCA· 1980-11-25 ·cited 18×
  The Cunninghams obtained a default judgment against the Whites in an ejectment action arising from a boundary dispute, but the trial court vacated that judgment upon the Whites' motion filed under Florida Rule of Civil Procedure 1.540(b). The appellate court affirmed, holding tha
• Henry Church v. Strickland
  382 So. 2d 419· Fla. 5th DCA· 1980-04-09 ·cited 18×
  This interlocutory appeal addresses whether a trial court properly set aside a partial summary judgment based on excusable neglect by substitute counsel who failed to discover admissions in the defendant's answer. The court affirmed the trial court's discretionary decision to vac
• Nanak Singh v. Marika Tolz
  380 So. 2d 1326· Fla. 4th DCA· 1980-03-19 ·cited 18×
  The appellate court affirmed the trial court's denial of the motion to alter judgment, finding no abuse of discretion.
• United States v. AN Undetermined Quantity OF AN Article OF Drug Labeled AS Benylin Cough Syrup
  583 F.2d 942· 7th Cir.· 1978-09-11 ·cited 18×
  The court held that the district court did not abuse its discretion in refusing to vacate the default judgment, as Parke, Davis's conduct was sufficiently culpable.
• Greenspun v. Bogan
  492 F.2d 375· 1st Cir.· 1974-02-22 ·cited 18×
  The court held that the district court did not abuse its discretion in approving the settlement of a shareholder derivative suit or in denying a motion to reopen the judgment, as the settlement was fair and the motion was based on excusable neglect.
• Reed v. Kroger Co.
  478 F.2d 1268· Temp. Emer. Ct. App.· 1973-05-30 ·cited 18×
  The court held that counsel's reliance on a district court clerk's incorrect advice regarding filing procedures does not constitute 'unique circumstances' sufficient to justify an untimely notice of appeal.
• United States v. Pierro
  478 F.2d 386· 2d Cir.· 1973-05-09 ·cited 18×
  The court held that while the government must communicate its readiness for trial within six months, the purpose of informing the court was met even though the notice was not filed with the clerk or served on the defendant, thus dismissal was not warranted.
• United States v. Wade
  467 F.2d 1226· 8th Cir.· 1972-10-16 ·cited 18×
  The court held that the trial court did not abuse its discretion in extending the time for filing a notice of appeal and did not abuse its discretion in denying a mistrial motion based on a juror's prejudicial remark.
• United States v. Tallman
  437 F.2d 1103· 7th Cir.· 1971-01-28 ·cited 18×
  The court held that a defendant seeking a belated appeal must demonstrate that the clerk refused a timely request to file a notice of appeal or was otherwise prevented from filing without fault, and that judicial discretion cannot override explicit rule limitations on appeal time
• Johnson v. United States
  405 F.2d 1072· D.C. Cir.· 1968-06-19 ·cited 18×
  An unrepresented defendant's untimely attempt to appeal cannot be dismissed without an opportunity to show excusable neglect, especially when a Rule 37(a)(2) extension would make it timely.
• Nasser v. Isthmian Lines
  331 F.2d 124· 2d Cir.· 1964-04-06 ·cited 18×
  A dismissal under Rule 37(d) for failure to answer interrogatories, which was not specified as without prejudice, operates as an adjudication on the merits under Rule 41(b) and bars subsequent litigation of identical claims.
• Pacific Queen Fisheries v. Symes
  307 F.2d 700· 9th Cir.· 1962-08-03 ·cited 18×
  The court held that the insurance contract was void ab initio due to the appellants' failure to disclose material increases in risk and that the vessel was sent to sea in an unseaworthy condition with the appellants' privity, precluding recovery.
• Rooks v. Am. Brass Co.
  263 F.2d 166· 6th Cir.· 1959-02-11 ·cited 18×
  The court held that the defendant's severe illness, coupled with confusion regarding related bankruptcy proceedings, constituted excusable neglect and mistake, warranting the setting aside of a default judgment.
• Suntrust Mortg. v. Torrenga
  153 So. 3d 952· Fla. 4th DCA· 2014-12-10 ·cited 17×
  The court held that the trial court abused its discretion by denying the motion to vacate dismissal based on excusable neglect due to counsel's clerical error.
• Miami-Dade Cnty. v. Coral BAY Section C Homeowners Ass'n, Inc.
  979 So. 2d 318· Fla. 3d DCA· 2008-03-19 ·cited 17×
  Miami-Dade County appeals a trial court's denial of its motion to vacate a default judgment in a quiet title action brought by a homeowners association seeking to enforce a reversionary deed clause on property containing a salinity dam. The appellate court reversed, holding that
• Smith v. Smith
  902 So. 2d 859· Fla. 1st DCA· 2005-05-06 ·cited 17×
  Sara Smith appealed an order striking her motion for attorney's fees filed 42 days after entry of a final judgment in a divorce case. The trial court applied Florida Rule of Civil Procedure 1.525's 30-day filing deadline, but the Florida Supreme Court adopted new Family Law Rule
• Armstrong v. Panzarino
  812 So. 2d 512· Fla. 4th DCA· 2002-03-20 ·cited 17×
  The court held that the trial court abused its discretion by denying the mother's motion for relief from a paternity judgment without considering the best interests of the child.
• Shurgard Storage Ctrs., Inc. v. Marcelle Parker
  755 So. 2d 695· Fla. 4th DCA· 1999-08-04 ·cited 17×
  Shurgard Storage Centers appeals the trial court's denial of its motion to vacate a default judgment entered against it for $122,749 in a negligent misrepresentation case. The Fourth District Court of Appeal reversed, finding that Shurgard demonstrated excusable neglect due to ad
• Creative Tile Mktg., Inc. v. Sicis Int'l
  922 F. Supp. 1534· S.D. Fla.· 1996-04-03 ·cited 17×
  The court held that the defendant's default was excusable neglect and denied the plaintiff's motion for default judgment, granting the defendant's motion to compel arbitration.
• Yellow Jacket Marina, Inc. v. Paletti
  670 So. 2d 170· Fla. 1st DCA· 1996-03-25 ·cited 17×
  The appellate court reversed an order that denied a motion to set aside a default judgment. The court found that the appellees failed to provide adequate notice of their motion for default, violating procedural rules and due process.
• Hartford Fire Ins. Co. v. Controltec, Inc.
  561 So. 2d 1334· Fla. 5th DCA· 1990-05-31 ·cited 17×
  Hartford Fire Insurance Company appeals a default judgment entered against it after failing to respond to a complaint by Controltec for payment under a construction payment bond. The court reverses, finding that even if excusable neglect existed, Hartford failed to allege a merit
• Batista v. Batista
  553 So. 2d 1281· Fla. 3d DCA· 1989-12-05 ·cited 17×
  Jesus Batista appealed the denial of his motion to vacate a final judgment of dissolution of marriage. The trial court erroneously refused to consider the motion on the merits, claiming a successor judge lacked authority to reconsider a predecessor's ruling. The appellate court r
• Tutwiler Cadillac, Inc. v. Schatzi S. Brockett
  551 So. 2d 1270· Fla. 1st DCA· 1989-11-14 ·cited 17×
  The appellate court held that the trial court abused its discretion in denying the motion to set aside the default judgment, finding excusable neglect and lack of prejudice.
• Wilfredo Navarro v. Rina Cohan
  856 F.2d 141· 11th Cir.· 1988-09-28 ·cited 17×
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to prosecute and attend a deposition after lesser sanctions had failed.
• Townsel v. Cnty. OF Contra Costa
  820 F.2d 319· 9th Cir.· 1987-06-22 ·cited 17×
  The court held that a plaintiff's attorney's ignorance of Fed.R.Civ.P. 4(j) does not constitute good cause for failing to serve the summons and complaint within the prescribed 120-day period.
• Bland v. Viking Fire Prot.
  454 So. 2d 763· Fla. 2d DCA· 1984-08-24 ·cited 17×
  Court reversed the denial of a motion to vacate a default judgment where the defendant's secretary misfiled the summons and complaint, constituting excusable neglect, and the defendant stated a meritorious defense.
• Wood v. Fortune Ins. Co.
  453 So. 2d 451· Fla. 4th DCA· 1984-07-11 ·cited 17×
  An insured appealed an order vacating a summary judgment previously entered in her favor against her insurer, arguing that the insurer's late response to requests for admissions without a motion for leave should be fatal. The court affirmed, holding that the trial judge did not a
• Pathway Bellows, Inc. v. Blanchette
  630 F.2d 900· 2d Cir.· 1980-09-02 ·cited 17×
  A claim is considered 'filed' when received by the carrier, not when mailed, and a claim must meet minimum filing requirements to be considered proper.
• Koppel v. Ochoa
  243 So. 3d 886· Fla.· 2018-05-17 ·cited 16×
  The Florida Supreme Court resolved a certified conflict between district courts over whether filing a motion to enlarge time under Rule 1.090 automatically tolls the 30-day deadline for accepting a settlement proposal under Rule 1.442. The Court held that the plain language of th
• Saint Luc Jean Noel v. James B. Nutter & Co.
  232 So. 3d 1112· Fla. 3d DCA· 2017-11-01 ·cited 16×
  Two consolidated mortgage foreclosure cases where appellants sought relief from final judgments of attorney's fees under Florida Rule of Civil Procedure 1.540(b) based on excusable neglect. The trial court denied both motions, but the Third District Court of Appeal reversed, find
• M.W. v. SPCP Grp. V, LLC
  163 So. 3d 518· Fla. 3d DCA· 2015-02-04 ·cited 16×
  M.W., a minor plaintiff, appeals the trial court's decision to vacate an ex parte default judgment against SPCP Group V, LLC. The Third District Court of Appeal affirmed the trial court's vacatur, holding that a plaintiff cannot obtain an ex parte default when the plaintiff knows
• Boudot v. Boudot
  925 So. 2d 409· Fla. 5th DCA· 2006-03-31 ·cited 16×
  In this dissolution of marriage case, the former wife appealed the trial court's denial of her motion for attorney's fees based on her failure to file within 30 days of the final judgment. The appellate court reversed, finding the trial court abused its discretion in denying the
• Fla. High Sch. v. Latimer
  750 So. 2d 762· Fla. 3d DCA· 2000-02-09 ·cited 16×
  FHSAA, a high school athletic regulatory organization, appeals a trial court order vacating summary judgment in its favor. The court reverses, holding that the trial court lacked authority to vacate the final judgment because the motion to vacate failed to comply with Rule 1.540
• Thomas v. Silvers
  748 So. 2d 263· Fla.· 1999-10-21 ·cited 16×
  The Supreme Court of Florida held that an order denying a motion to dismiss based on untimely service under rule 1.070(c) is not a proper subject for interlocutory appeal under rule 9.130(a)(3)(C)(i) because the amended rule should apply retroactively and does not expand the cate
• Remich v. State
  696 So. 2d 1270· Fla. 2d DCA· 1997-07-02 ·cited 16×
  Todd Remich appealed the revocation of his community control. The court affirmed the revocation based on his willful violation of the curfew condition (condition ten) but reversed the revocation on the failure-to-report condition (condition nine) due to excusable lack of transpor
• THE Florida BAR v. Dubow
  636 So. 2d 1287· Fla.· 1994-03-24 ·cited 16×
  The Florida Supreme Court upheld the referee's recommendation to disbar attorney Alan E. Dubow for serious ethical violations including misuse of trust account funds, issuing dishonored checks, and fraudulent conduct in a real estate transaction involving a forged deed. The Court
• Liberty Mut. Ins. Co. v. Lyons
  622 So. 2d 621· Fla. 5th DCA· 1993-08-13 ·cited 16×
  Liberty Mutual appealed the trial court's denial of its Rule 1.540 motion seeking relief from sanctions imposed for failure to participate in mediation. The court reversed and remanded because the trial court should have held an evidentiary hearing to resolve the factual dispute
• United States v. Raynor
  939 F.2d 191· 4th Cir.· 1991-07-11 ·cited 16×
  The court held that a second conviction under 18 U.S.C. § 924(c)(1) triggers the enhanced sentence even if charged in the same indictment, and that a prior state misdemeanor conviction can be treated as a felony for career offender status under the Sentencing Guidelines.
• Welch v. Folsom
  925 F.2d 666· 3d Cir.· 1991-02-08 ·cited 16×
  An order dismissing an in forma pauperis complaint for failure to serve process is a final, appealable order because the plaintiff cannot afford to cure the defect. A motion for reconsideration under Rule 59(e) tolls the time for appeal if filed within ten days, even without serv
• Cange v. Stotler & Co.
  913 F.2d 1204· 7th Cir.· 1990-09-17 ·cited 16×
  The court held that Stotler was estopped from asserting the contractual limitations defense due to its agent's conduct and failure to provide the customer agreement, and that the attorney's fees award was proper under the Illinois Consumer Fraud Act. The cross-appeal for punitive
• Goodwin v. Goodwin
  559 So. 2d 109· Fla. 2d DCA· 1990-04-04 ·cited 16×
  A wife challenged a default judgment in a Florida divorce proceeding, arguing the default should be vacated due to excusable neglect by her counsel and the existence of meritorious defenses. The court reversed, holding that the wife satisfied all three requirements for setting as