(1) mistake, inadvertence, surprise, or excusable neglect
; or ...
The creditor may file a claim after the bar date, but must be prepared to argue that its failure to file a timely claim was due to excusable neglect
. The Supreme Court in Pioneer Inv, Servs.
The Commissioner further determined Boas did not establish excusable neglect
for his failure to timely respond to the order to show cause because he did not indicate when his purported conversations with the attorney occurred or what "assurances" the attorney provided, the $2000 check to the attorney is dated eight months after Boas received the December 2014 second notice concerning the order to show cause.
Pursuant to Rule 45(b)(1)(B) such a request made after the time has expired requires a showing of excusable neglect
"Plaintiff has not sought leave to extend the time to file a bond or to extend the time to move to reduce the bond, nor does he argue 'excusable neglect
' in failing to file such a motion earlier.
He argued that the District Court incorrectly concluded that appellant failed to establish excusable neglect
for filing a complaint more than one year after serving the same on respondent.
But Seymour rejected the states argument and allowed the motion based on the excusable neglect
The judge denied the motion, holding that the lawyer waited too long to file it and had not shown excusable neglect
. Cates was sentenced to 24 years in prison.
The First DCA panel's per curiam opinion noted that such judgments and deadlines can be set aside under the Florida Rules of Civil Procedure if there has been a "mistake, inadvertence, surprise, or excusable neglect
." It went on to note that, "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.' Elliott v.
Finally, Sudan argues the district court abused its discretion in denying its motions to vacate the default judgments, invoking three sections of the Rule 60(b): the judgments are void for lack of subject matter jurisdiction per [section] (b)(4); default was due to "excusable neglect
" per [section] (b)(1); and relief may be justified for "any other reason" per [section] (b)(6).
* Enlargements of Time--The Fifth District has held that Rule 1.260 is designed "to dispel rigidity, create flexibility and be given liberal effect." (10) Not surprisingly, then, enlargements of the 90-day deadline to move for substitution are granted liberally upon a showing of excusable neglect
, inadvertence, mistake, or fraud.
Sabine River Forest Products Inc., (80) for example, the Fifth Circuit held that an affidavit the plaintiff submitted after filing its motion for summary judgment was properly considered, even though the former Rule 6(d) stated that "an affidavit filed in support of a motion 'shall' be served with the motion." (81) The court based its holding on Rule 6(b), which gives a trial court the discretion to accept untimely affidavits under circumstances demonstrating that excusable neglect
was the reason for the late submission.