Fourth DCA Case: What is Excusable Neglect?

Do you have a default judgment against you in your capacity as a     Palm Beach trustee? Do you know how toset aside a default judgment for excusable neglect? If you want to set aside a default judgment but you had fair notice of the complaint you may want to consider pleadingexcusable neglect. Check out what happened in a case out of the Fourth District Court of Appeals.

Default Judgment

• When a party has a dispute they file a complaint with the court and personally serve the defendant.
• Once a defendant has been served they have an obligation to answer or motion the court for dismissal / more time to answer.
• But what happens if you just decide not to answer?
• Experienced Palm Beach probate litigators know that when a party fails to answer a complaint that a default judgment can be used to garnish accounts and assets.
• So how can you set aside a default judgment?
• The two common ways are to prove improper service of the complaint or excusable neglect.
• Check out a case decided yesterday May 6, 2015 where a defendant failed to set aside a default judgment.
•  Don’t always count on excusable neglect puling you through.

Bowers v. Allez et. Al. : What Constitutes Excusable Neglect?

• A professional association of real estate developers was sued and defaulted for failure to answer. The court refused their motion to set aside the default for excusable neglect so they appealed. The appeals court disagreed citing case law that showed the neglect was not excusable.
• Do you know what excusable neglect is?
• According to the court, “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.”
• The defendants alleged medical issues but the court found that was simply not sufficient.
• Do you agree?
• Palm Beach probate litigators know that appeals courts are not fond of reviewing trial court orders like this and that its better to get it right the first time.

Want to learn even more? Check out the entire case by clicking here.