Cheney v. Anchor Glass Container Corp.

DYER, Senior Circuit Judge:

This appeal arises from a final judgment entered for Appellee Anchor Glass Container Corporation (“Anchor Glass”), pursuant to the local rules for the Middle District of Florida, following a nonbinding arbitration award. Appellant William Cheney (“Cheney”) filed an untimely motion to set aside the civil judgment and demanded a trial de novo, which the district court denied. We hold the district court abused its discretion and find that the late fifing was due to excusable neglect by Cheney’s counsel.

I. BACKGROUND

Cheney originally filed this civil action pursuant to…