Good Cause For Extension

140 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bloodsworth v. Heckler
  703 F.2d 1233· 11th Cir.· 1983-04-25 ·cited 763×
  The court held that the denial of disability benefits was not supported by substantial evidence, and that the Appeals Council's dismissal of an untimely request for review is a final decision subject to judicial review.
• In re Est. of Genevieve Lorraine Livingston Goldman v. Jensen
  79 So. 2d 846· Fla.· 1955-04-27 ·cited 84×
  Ellen Jensen filed a negligence claim against the estate of Genevieve Goldman for injuries from a motor vehicle accident. After the administrator objected to the claim, Jensen's attorneys sought a nunc pro tunc extension of time to file suit, claiming they were unaware of a 1953
• Beulah M. Ellard v. Godwin
  77 So. 2d 617· Fla.· 1955-01-28 ·cited 74×
  The Florida Supreme Court affirmed the circuit court's decision, which had affirmed the county judge's order granting an extension for an estate administratrix to file objections to a creditor's claim.
• In re Est. of Henrietta S. Sale
  227 So. 2d 199· Fla.· 1969-09-24 ·cited 72×
  The Florida Supreme Court reversed a probate judge's denial of an extension for claimants to file suit on contested estate claims, holding that the probate judge abused his discretion by refusing a one- or two-day extension under extraordinary circumstances where the claimants we
• State v. Mahlard K. Boyd
  846 So. 2d 458· Fla.· 2003-04-17 ·cited 68×
  The Florida Rules of Criminal Procedure allow a court to extend the two-year deadline for seeking post-conviction relief under rule 3.850, provided good cause is shown and the request is made before the expiration of the original period.
• Dohnal v. Syndicated Offs. Sys.
  529 So. 2d 267· Fla.· 1988-06-02 ·cited 37×
  Clerical error, without prejudice to the estate, constitutes good cause justifying an extension of time to file suit under section 733.705(3), Florida Statutes.
• In re Est. of Charles Colley Kemp
  177 So. 2d 757· Fla. 1st DCA· 1965-08-05 ·cited 35×
  An administrator of an estate seeks extension of time to file suit on a wrongful death claim against another estate after missing a statutory two-month deadline. The Florida appellate court affirmed the denial of the extension, holding that settlement negotiations with the defend
• Tennille G. Sheehan v. Secretary OF Health
  593 F.2d 323· 8th Cir.· 1979-02-23 ·cited 32×
  The court held that the district court lacked subject matter jurisdiction to review the denial of an extension of time to appeal an administrative law judge's decision because the claimant failed to exhaust administrative remedies and the Secretary did not waive this requirement.
• Goggin v. Shanley
  81 So. 2d 728· Fla.· 1955-07-22 ·cited 31×
  A probate court is without power to reject a creditor's claim or determine disputed questions of fact affecting its validity when the personal representatives fail to file timely objections; the claim must be paid unless the creditor fails to sue within the statutory period after
• Rena Watters v. Harris
  656 F.2d 234· 7th Cir.· 1980-06-03 ·cited 28×
  The court held that refusals to extend administrative deadlines for requesting a hearing are not reviewable under Section 405(g) of the Social Security Act, and a constitutional claim exception does not apply here.
• R.W. Williams and Lois W. Mize v. The Est. OF Roy Levon Williams
  493 So. 2d 44· Fla. 5th DCA· 1986-08-14 ·cited 27×
  The court held that the trial court erred in denying the motion to extend time to file an independent action, as the circumstances established good cause under the statute.
• 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.
• R.F. Vernon v. Heckler
  811 F.2d 1274· 9th Cir.· 1987-03-03 ·cited 21×
  The court held that the 60-day time limit for filing a Social Security Act review action is a statute of limitations, not a jurisdictional bar, and that the notice of appeal was timely because the district court's judgment was not entered on a separate document.
• In re Est. of Bernard J. Herskowitz v. Herskowitz
  342 So. 2d 530· Fla. 3d DCA· 1977-02-08 ·cited 20×
  The court held that the uncontroverted facts established good cause for extending the time to file suit on the claim, and the trial judge improperly denied the petition.
• Gilfus v. McNally Cap., LLC.
  M.D. Fla.· 2022-01-05 ·cited 16×
  The court denied the Plaintiff's motion for reconsideration of three prior orders, finding no basis for disturbing the original rulings.
• Miller v. Miller
  691 So. 2d 528· Fla. 4th DCA· 1997-03-27 ·cited 16×
  Matthew Miller appeals an order granting a six-month injunction for protection against domestic violence that excluded him from his home and restricted his access to his minor child. The Fourth District Court of Appeal reversed, holding that the trial court violated due process b
• United States v. Yagid
  528 F.2d 962· 2d Cir.· 1976-01-05 ·cited 16×
  The court held that a co-defendant who stands to benefit from a certiorari petition filed by another co-defendant is also entitled to the benefit of the rule established in United States v. Roemer, which tolls speedy trial periods.
• Davis v. State
  887 So. 2d 1286· Fla.· 2004-11-18 ·cited 15×
  The Florida Supreme Court resolved a conflict among district courts regarding whether Rule 3.050 permits extensions of the 60-day deadline in Rule 3.800(b)(2) motions to correct sentencing errors. The Court held that extensions are permissible upon a showing of good cause if the
• Golden v. Atl. Nat'l Bank OF Jacksonville
  481 So. 2d 16· Fla. 1st DCA· 1985-11-27 ·cited 14×
  Gerald Golden appealed the dismissal of his independent action against his mother's estate for a disputed promissory note claim. The court affirmed the dismissal because Golden failed to timely file written notice of his independent action as required by Florida Probate Code sect
• Mercy Hosp., Inc. v. Badia
  348 So. 2d 631· Fla. 3d DCA· 1977-07-19 ·cited 14×
  Mercy Hospital challenged a medical malpractice mediation panel's termination of proceedings after the plaintiff failed to request a hearing extension within 120 days. The court affirmed the referee's lack of jurisdiction to grant an extension after the statutory deadline had pas
• Graham v. Mammie Thornton
  104 So. 2d 95· Fla. 1st DCA· 1958-06-24 ·cited 14×
  The Florida appellate court dismissed Graham's appeal for failure to timely file his brief in violation of the Florida Appellate Rules. Graham filed his brief after the deadline and only then requested a nunc pro tunc extension, which the court denied for lack of good cause.
• United States v. Kasuboski
  834 F.2d 1345· 7th Cir.· 1987-11-25 ·cited 12×
  The court held that the government's motion for summary judgment was valid despite initial defects, and the defendants' failure to respond to requests for admissions resulted in those matters being deemed admitted, supporting the grant of summary judgment.
• Mabel v. Baldwin
  397 So. 2d 985· Fla. 3d DCA· 1981-04-21 ·cited 12×
  The court held that a personal representative's failure to receive notice of a creditor's claim due to the clerk's non-compliance with statutory notice requirements constitutes good cause to extend the time for filing an otherwise untimely objection to the claim. The court revers
• Exch. Nat'l Bank OF Winter Haven v. Field
  338 So. 2d 889· Fla. 2d DCA· 1976-10-27 ·cited 12×
  This case concerns whether a probate court properly granted an extension for claimants to file suit against an estate after the estate's executor objected to their claims. The appellate court found that the claimants' reason for delay did not constitute "good cause" as required b
• In re Rule OF Crim. Procedure 3.851 (Collateral Relief After Death Sentence HAS Been Imposed) & Rule 3.850 (Motion to Vacate
  626 So. 2d 198· Fla.· 1993-10-21 ·cited 11×
  The Florida Supreme Court adopted new Rule 3.851 and modified Rule 3.850 to establish a more orderly process for postconviction relief in capital cases. The new rule imposes a one-year filing deadline for Rule 3.850 motions in death penalty cases, requires counsel assignment with
• Ricciardelli v. Faske
  505 So. 2d 487· Fla. 3d DCA· 1987-03-17 ·cited 10×
  Three estate creditors appealed orders denying their motions to extend time to file notices of independent action in an estate proceeding. The court reversed, holding that the creditors demonstrated good cause for an eight-day extension under Florida Statutes § 733.705(3), and th
• Strickland v. Merit Sys. Prot. Bd.
  748 F.2d 681· Fed. Cir.· 1984-11-23 ·cited 10×
  The Merit Systems Protection Board abused its discretion by dismissing the petition for review as untimely, as the confusion caused by a change in case numbers without explanation constituted good cause for an extension. However, the initial decision finding no jurisdiction over
• Nelson v. James
  722 F.2d 207· 5th Cir.· 1984-01-03 ·cited 10×
  The court held that counsel's inadvertence in failing to timely file an amended bill of costs is not sufficient grounds to recall a mandate and assess additional costs.
• Gardner v. Moon
  360 F.2d 556· 8th Cir.· 1966-05-12 ·cited 10×
  The court held that the Secretary's determination that the claimant failed to show good cause for an extension of time to request a hearing was not an abuse of discretion.
• Sessoms v. Johnson
  378 So. 2d 1260· Fla. 5th DCA· 1979-12-27 ·cited 9×
  In a probate proceeding, the personal representative of an estate appealed from an order allowing claims filed by the decedent's estranged widower. The court affirmed the denial of the personal representative's late objection to the claims but reversed the trial court's order for
• In re The Est. OF Floyd M. Elliott v. Patterson
  798 So. 2d 13· Fla. 1st DCA· 2001-10-04 ·cited 8×
  The court reversed a trial court order granting an extension of time for a claimant to file an independent action on a claim against an estate, holding that the claimant failed to demonstrate good cause for the extension because her motion was unsworn, unsupported by evidence, an
• Taco Bell Corp. v. Costanza
  686 So. 2d 773· Fla. 4th DCA· 1997-01-22 ·cited 8×
• In re Est. OF Richard Roy Yerex v. Durzo
  651 So. 2d 220· Fla. 4th DCA· 1995-03-01 ·cited 8×
  In three consolidated appeals from probate proceedings, the Fourth District Court of Appeal reversed a trial court's award of attorney's fees as excessive, affirmed an order extending time for filing an independent action but reversed a confidentiality order limiting the personal
• Matlock v. Sullivan
  908 F.2d 492· 9th Cir.· 1990-07-12 ·cited 8×
  The district court lacks jurisdiction to review the Appeals Council's discretionary refusal to consider an untimely request for review of a denial of social security benefits.
• Johnson v. Est. OF Cleo J. Fraedrich
  472 So. 2d 1266· Fla. 1st DCA· 1985-07-03 ·cited 8×
  Johnson appealed the trial court's denial of her motion for extension of time to file an independent action against Fraedrich's estate for injuries sustained in an automobile accident. The appellate court affirmed, holding that the personal representative's attorney properly file
• Gipson v. Harris
  633 F.2d 120· 8th Cir.· 1980-10-29 ·cited 8×
  The court held that while the claimant's constitutional claim for attorney notice conferred subject matter jurisdiction, the due process clause did not require separate notice to the attorney under these facts, and the Secretary's refusal to grant an out-of-time hearing, though u
• Needle v. A. F. Kisinger & Assocs., Inc.
  118 So. 2d 35· Fla. 2d DCA· 1960-02-24 ·cited 8×
  A chancellor exceeded his authority by denying a motion for decree on bill and answer based solely on judicial discretion regarding testimony deadlines, without considering the merits, when the opposing party failed to show good cause for an extension.
• Chance v. State
  65 So. 3d 1176· Fla. 1st DCA· 2011-07-22 ·cited 7×
  The court held that the petition alleging ineffective assistance of appellate counsel was procedurally barred due to untimeliness and lack of good cause for an extension.
• Takoya Criner v. State
  59 So. 3d 196· Fla. 1st DCA· 2011-03-16 ·cited 7×
  Takoya Criner appealed the trial court's denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court denied his motion to extend the filing deadline and subsequently denied his 3.850 motion as untimely. The appellate court revers
• Emilio Delgado v. The Est. OF Dominga Freyre Garriga
  870 So. 2d 912· Fla. 3d DCA· 2004-04-21 ·cited 7×
  Emilio Delgado appeals probate orders denying his motion to strike the personal representative's objection to his claim and granting extensions of time to file objections. The Third District affirms, holding that the orders are appealable under Florida law and that the trial cour
• Arna K. Cohen v. Majestic Distilling Co., Inc.
  765 So. 2d 276· Fla. 4th DCA· 2000-08-16 ·cited 7×
  The estate of Sidney Cohen appeals the trial court's denial of its request for an extension of time to object to a creditor's claim filed by Majestic Distilling. The court reversed, holding that the clerk's failure to properly index and serve the claim constituted good cause for
• Rainier v. Calhoun
  510 So. 2d 999· Fla. 3d DCA· 1987-07-14 ·cited 7×
  A personal representative of an estate appealed orders denying both a motion for extension of time to file an objection to a creditor's claim and a motion to strike the creditor's petition to enforce the claim. The court affirmed, holding that the personal representative's failur
• Fla. W. Realty P'rs, LLC v. MDG Lake Trafford, LLC
  975 So. 2d 479· Fla. 2d DCA· 2007-07-11 ·cited 6×
  Florida West Realty Partners sought certiorari review of a trial court's denial of its motion to extend a notice of lis pendens on real property. The appellate court held that while a fair nexus between the property and the lawsuit is necessary to maintain a lis pendens, it does
• Weissman v. J.B. Joye and Gloria Joye
  619 So. 2d 347· Fla. 2d DCA· 1993-05-21 ·cited 6×
  Weissman appealed the trial court's denial of a motion to dismiss based on lack of personal jurisdiction after multiple failed attempts at service of process. The appellate court dismissed the appeal for lack of jurisdiction, holding that an order denying a motion to dismiss is n
• Powell v. Chancy-Stoutamire, Inc.
  546 So. 2d 1135· Fla. 1st DCA· 1989-07-21 ·cited 6×
  The Court holds the Oklahoma statute unconstitutional because of significant state action, distinguishing it from a prior Indiana statute.
• B. F. Todd Elec. Contractors v. Hammond
  164 So. 2d 513· Fla.· 1964-05-27 ·cited 6×
  Rule 3's 90-day provision requiring conclusion of testimony is mandatory; once that period expires without timely application for extension by verified petition showing good cause, the deputy commissioner must determine the claim on evidence submitted and has no discretion to all
• Harris v. State
  107 So. 2d 402· Fla. 1st DCA· 1958-11-20 ·cited 6×
• Dimick v. Est. OF Richard K. Barry
  787 So. 2d 198· Fla. 4th DCA· 2001-05-16 ·cited 5×
  Michael Dimick and other trustees appealed a probate court order denying their request to extend time to file an independent action against an estate in California under Florida Statute section 733.705(4). The Fourth District Court of Appeal reversed, holding that the probate cou
• Brodfuehrer v. In re Est. OF Richard K. Brodfuehrer
  833 So. 2d 784· Fla. 3d DCA· 2002-03-13 ·cited 4×
  A father appealed a probate court's order conditioning an extension of time to file an independent action on the return of estate property (a motorcycle), and striking probate claims when the motorcycle was not returned. The appellate court affirmed, holding that the probate cour
• Friddle v. Heckler
  720 F.2d 24· 8th Cir.· 1983-11-07 ·cited 4×
  The court held that the Appeals Council's consideration of additional medical evidence did not constitute an implicit extension of the statutory filing period for judicial review.