TRANSCAD CORP.
v.
VCB INTERNATIONAL LOGISTIC, LLC

Fla. 3d DCA | 2025-02-05
No. 2024-0035
Logue, C.J., Emas, J., Scales, J., Thomas, J.
2025 FL 927 Florida District Court of Appeal, Third District (2025)

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Holding

Excusable neglect does not result from a misunderstanding of a party's legal obligations.


Headnotes

[1] Excusable neglect encompasses inaction resulting from clerical or secretarial error, reasonable misunderstanding, system failure, or other human foibles, but does not enc…

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Key Quotes

“Excusable neglect is found where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir. But excusable neglect doesn't result from a misunderstanding of a party's legal obligations.”

The court's statement of the legal standard for excusable neglect, citing Realaza Motors, Inc. v. Alvarez and Zuchaer v. Peninsula Condo. Ass'n.

Facts & Procedural History

Transcad Corp. appealed a circuit court decision in Miami-Dade County. The case involved a dispute between Transcad Corp. and VCB International Logist…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0035 Lower Tribunal No. 23-17354 ________________

Transcad Corp., Appellant,

vs.

VCB International Logistic, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Caiaffa Law P.A., and Humberto Caiaffa, for appellant.

Barakat + Bossa, PLLC, and Angelique Gulla and Giacomo Bossa, for appellee.

Before LOGUE, C.J., and EMAS and SCALES, JJ.

PER CURIAM.

2

Affirmed. See Realaza Motors, Inc. v. Alvarez, 394 So. 3d 722, 725 (Fla. 3d DCA 2024) (“‘Excusable neglect is found where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir.’ But excusable neglect doesn’t result from a misunderstanding of a party’s legal obligations.” (quoting Zuchaer v, Peninsula Condo. Ass’n, 348 So. 3d 1201, 1204 (Fla. 3d DCA 2022))).


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