ORLANDO PARTNERS, LTD., D/B/A SHERATON ORLANDO INTERNATIONAL AIRPORT INN, APPELLANT,
v.
CLASSIC TOUR LINES, ROBERT LAPOINTE, A/K/A BOB LAPOINTE AND JOYCE LAPOINTE, APPELLEES
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The court held that affidavits detailing a wife's forgetfulness to inform her husband about legal papers do not establish excusable neglect for relief from judgment.
Plaintiff obtained a default judgment against defendants. Defendants sought to set aside the judgment, submitting affidavits from both spouses. The wi…
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HENDRY, Judge.
Plaintiff Orlando Partners, Ltd. appeals a non-final order setting aside a judgment and vacating a default entered against Robert and Joyce LaPointe, a husband and wife.
The issue on appeal is whether the wife’s and the husband’s affidavits established the requisite excusable neglect for granting relief from judgment. Fla.R.Civ.P. 1.540(b).
The wife’s affidavit stated that she had been served with the summons and complaint and that she told her husband about her receipt of such papers, as he handled all legal matters. She further stated that she received the notice of hearing on the motion for entry of default, but forgot to mention it to her husband until after the time for the hearing had passed. The husband’s affidavit concurred with his wife’s except that he said that he did not recall his wife telling him about her receipt of the summons and complaint.
We hold that such statements do not establish excusable neglect. See Moore v. Powell, 480 So. 2d 137 (Fla. 4th DCA 1985); Abel, Tony and Aldo Creative Group, Inc. v. Friday Night Investors, Inc., 419 So. 2d 1135 (Fla. 3d DCA 1982); John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA 1980); Claffey v. Serafino, 338 So. 2d 270 (Fla. 2d DCA 1976). Accordingly, the non-final order setting aside the judgment and vacating the default is reversed and the cause remanded for reinstatement of the judgment.
Reversed.
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Dadeland Fam. Planning Ctr., Inc. v. Cash, 516 So. 2d 84 (Fla. 3d DCA 1987)…PER CURIAM. We affirm the trial court’s determination that appellant failed to demonstrate excusable neglect, see Orlando Partners, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA), review dismissed, 497 So. 2d 1217 (Fla.1986); Bayview Tower Condominium Ass’n, Inc. v. Schweizer, 475 So. 2d 982 (Fla. 3d DCA 1985), and was therefore not entitled to vacation of the default. The second amended complaint, although not…
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Chernoff Diamond & Co. v. Gallin Assocs., Inc., 258 So. 3d 563 (Fla. 2d DCA 2018)…aracterized as partaking of gross negligence or as constituting a willful and intentional refusal to act." (quoting Jeyanandarajan v. Freedman, 863 So. 2d 432, 433-34 (Fla. 4th DCA 2003))); see, e.g., Orlando Partners, Ltd. v. Classic Tour Lines, 492 So. 2d 1117, 1117 (Fla. 3d DCA 1986) (holding there was no excusable neglect where wife stated she told her husband about receipt of summons but forgot to tell him about hearing on motion for entry of default and husband did not recall knowledge of summons).…
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Amex Int'l, Inc. v. Kunde, 722 So. 2d 909 (Fla. 5th DCA 1998)…ived service of process but failed (i.e., forgot) to forward the documents to the defendant’s counsel in a timely manner. Inaction due to forgetfulness does not typically establish excusable neglect. See Orlando Partners, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA 1986), rev. dismissed, 497 So. 2d 1217 (Fla.1986). This case is distinguishable from Misty Lake Condominium Association, Inc. v. Schwartz, 432 So. 2d 638 (Fla. 3d DCA 1983) and the cases cited therein which involved inaction by a reside…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA 1980)
- Claffey v. Serafino, 338 So. 2d 270 (Fla. 2d DCA 1976)
- Godinez v. State, 480 So. 2d 137 (Fla. 3d DCA 1985)
- Clark v. Unemployment Appeals Comm'n, 419 So. 2d 1135 (Fla. 1st DCA 1982)
- Abel v. Friday Night Invs., Inc., 419 So. 2d 1135 (Fla. 3d DCA 1982)