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ADVANCED ESTIMATING SYSTEM, INC. v. RINEY

Nos. 96-5193, 96-5235 and 97-4125.

130 F.3d 996 (1997)

ADVANCED ESTIMATING SYSTEM, INC., a Florida corporation, Plaintiff-Counter Defendant-Appellee, v. Timothy J. RINEY, Damon, Inc., a Florida corporation, Defendants-Counter Claimants-Appellants, Leon V. Cursons, Counterdefendant. ADVANCED ESTIMATING SYSTEM, INC., a Florida corporation, Plaintiff-Counter Defendant-Appellant, v. Timothy J. RINEY, Damon, Inc., a Florida corporation, Defendants-Counter Claimants-Appellants, Leon V. Cursons, Counterdefendant.

United States Court of Appeals, Eleventh Circuit.

December 10, 1997.

Attorney(s) appearing for the Case

Floyd Brantley Chapman, Jack E. Dominik, Dominik & Stein, Miami Lakes, FL, Lee Ann LeBlanc, Hollywood, FL, for Riney and Damon, Inc.

Thomas E. Scott, Dianne O. Fischer, Lisa Daugherty, Davis, Scott, Weber & Edwards, Miami, FL, for Advanced Estimating System, Inc.

Before EDMONDSON, Circuit Judge, and KRAVITCH and WOOD, Senior Circuit Judges.

EDMONDSON, Circuit Judge:

This appeal requires us to determine whether a lawyer's misunderstanding of unambiguous procedural rules can constitute "excusable neglect" under the standard set out by the Supreme Court in Pioneer Investment Services v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). Guided by the decision in Pioneer and decisions...

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