Legal Opinion
City of Ocala v. Heath
District Court of Appeal of Florida
Decided December 10, 1987No. 87-915PublishedCited by 4 opinions
1Opinion of the Court
COWART, Judge.
This appeal considers the definition of excusable neglect as a ground for vacating or setting aside a judgment, decree, or order pursuant to Florida Rule of Civil Procedure 1.540(b)(1).
*326Heath retained an attorney to bring an action against the City of Ocala. The complaint was dismissed and Heath was given twenty days to amend. Heath’s counsel failed to amend and an order was entered dismissing Heath’s complaint with prejudice for failure, to amend within the time provided.
Five months later, Heath obtained new counsel and, pursuant to Rule 1.540(b),. filed a motion to vacate the…
2Cases cited3 opinions
- Rogers v. First National Bank at Winter ParkSupreme Court of Florida · 1970
- Church v. StricklandDistrict Court of Appeal of Florida · 1980
- Kindle Trucking Co. v. Marmar Corp.District Court of Appeal of Florida · 1985
3Cited by4 opinions
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- THOMAS SAMMONS v. ADAM GREENFIELD, D. O.District Court of Appeal of Florida · 2018