Carter Hawley Hale Stores v. Whitman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that neglectful, but understandable breakdown in defendant’s established office practice that resulted in the complaint being lost on the desk of general counsel constituted excusable neglect
• holding that excusable neglect was shown where complaint was forwarded to company’s national headquarters and became “lost” in a pile of unrelated documents on the general counsel’s desk
• reversing denial of motion to vacate default where defendant’s failure to respond was due to complaint being “lost” among unrelated papers at general counsel’s office
• citing, inter alia, Edwards v. City of Fort Walton Beach, 271 So.2d 136 (Fla.1972)
• reversing trial court's order denying appellant corporation's motion to vacate a default, because appellant's delay in answering appellee retailer's complaint constituted excusable neglect, and appellant acted with due diligence after discovering the default.
• reversing trial court's order denying appellant corporation's motion to vacate a default, because appellant's delay in answering appellee retailer's complaint constituted excusable neglect, and appellant acted with due diligence after discovering the default.

Source: CourtListener parenthetical corpus (CC0).