State Department of Transportation v. Southtrust Bank

On April 8, 2003, a stipulated final judgment was entered in favor of Southtrust Bank (Southtrust) (defendant) in an eminent-domain action pending between Southtrust and the State Department of Transportation (DOT) (plaintiff). On May 30, 2003, Southtrust filed (1) a motion-to-tax expert-witness fees and costs (motion-to-tax); and (2) a motion for an enlargement of time to file the motion-to-tax. In Florida, a motion-to-tax is a motion seeking to have certain costs and fees from litigation imposed on the other party for payment. Southtrust’s motion for an enlargement of time was supported by an affidavit from Southtrust’s legal secretary in which the secretary stated that she failed to timely file the motion-to-tax due to clerical oversight. DOT moved to strike Southtrust’s motion-to-tax, arguing that Southtrust’s motion-to-tax was untimely because motions-to-tax must be filed within 30 days after entry of the final judgement, and Southtrust’s was not. Southtrust countered, arguing that (a) trial courts could extend filing deadlines if the deadline was missed due to excusable neglect; and (b) the secretary’s clerical error constituted excusable neglect. The trial court granted Southtrust an extension of the 30-day deadline. DOT appealed, arguing that the 30-day deadline for filing motions-to-tax was a bright-line rule that was not subject to extension.