SOUTH TRAIL FIRE CONTROL DISTRICT AND NATIONWIDE INSURANCE COMPANY, APPELLANTS,

v.

FLOYD C. JOHNSON, JR., PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN CHARLES JOHNSON, DECEASED, APPELLEE

Citator

Cited By (27 total)

• Paul v. Wells Fargo Bank, N.A., 68 So. 3d 979 (Fla. 2d DCA 2011)
  …g principle may be more accurately stated as “absent other justifications, failure to hire counsel does not qualify as excusable neglect.” Schauer v. Coleman, 639 So. 2d 637, 639 (Fla. 2d DCA 1994) (emphasis added) (citing Kapetanopoulos v. Herbert, 449 So. 2d 947, 949 (Fla. 2d DCA 1984)). Alternatively, Wells Fargo argued that Mrs. Paul did hire counsel and that counsel failed to answer the complaint. Wells Fargo used these same arguments to claim that Mrs. Paul did not act diligently in seeking relief.3 Th…
• Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So. 2d 300 (Fla. 2d DCA 2004)
  …ave followed their' normal corporate practice of submitting the complaints to their insurance carrier, which then failed to file timely answers. See Mercury Marine Indus., Inc. v. Dillon, 779 So. 2d 356 (Fla. 2d DCA 2000); Kapetanopoulos v. Herbert, 449 So. 2d 947 (Fla. 2d DCA 1984). But see Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329, 1330 (Fla. 4th DCA 1978) (“Negligence by a litigant’s representative may be grounds for an independent suit, but it will not support the setting asi…
• Punsky v. Clay Cnty. Sheriff's Off. & Scibal Ins. Grp., 18 So. 3d 577 (Fla. 1st DCA 2009)
  …er can overcome the presumption only by clear and convincing evidence. Id. (emphasis added). The presumption established by the statute, and construed in Caldwell, applies in workers’ compensation cases. See S. Trail Fire Control Dist. v. Johnson, 449 So. 2d 947 (Fla. 1st DCA 1984). In City of Temple Terrace v. Bailey, 481 So. 2d 49, 50 (Fla. 1st DCA 1985), we construed the presumption as interpreted by the supreme court in Caldwell: Caldwell involved an entirely different factual situation [than City of T…