Gower v. Knight (In re Knight), 833 F.2d 1515 (11th Cir. 1987). · Go Syfert
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Gower v. Knight (In re Knight), 833 F.2d 1515 (11th Cir. 1987). Cases Citing This Book View Copy Cite
43 citation events (34 in the last 25 years) across 8 distinct courts.
Strongest positive: Bus. Loan Ctr., LLC v. M/V Cape Florida, No. 1:17-cv-00555 (S.D. Ala. Apr. 19, 2018)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
How cited ↗
Cited for
At page 1516 Setting aside default judgments requiring good reason14 citing cases“where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate.”8 citing courts quote it
  • Bus. Loan Ctr., LLC v. M/V Cape Florida, No. 1:17-cv-00555 (S.D. Ala. Apr. 19, 2018).
    (Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate.)
  • Garcia v. Ball, 323 P.3d 872 (Kan. Ct. App. 2014).published
    “the setting aside of a default judgment where no good reason has been offered for the default constitutes an abuse of discretion.”
  • El Toro Loco Churrascaria, LLC v. La Vaca Loca Churrasqueria, LLC, No. 1:25-cv-23893 (S.D. Fla. June 15, 2026).
    See, e.g., Tara Prods., Inc. v. Hollywood Gadgets, Inc., 449 F. App'x 908, 910 (11th Cir. 2011); Dawkins v. Glover, 308 F. App'x 394, 395 (11th Cir. 2009); In re Knight, 833 F.2d 1515, 1516 (11th Cir. 1987); Wahl v. McIver, 773 F.2d 1169,…
  • Sw. Georgia Farm Credit, ACA v. Just. (In Re Just.), 330 B.R. 872 (Bankr. M.D. Ga. 2005).published
    “The court recognizes that in many situations, there is no plausible excuse for failing to file an answer.” Tires & Terms of Columbus, Inc., 262 B.R. at 888 (citing Gower v. Knight (In re Knight), 833 F.2d 1515, 1516 (11th Cir.1987)).
  • United States v. David Ruetz, 334 F. App'x 294 (11th Cir. 2009).unpublished
    See In re Knight, 833 F.2d 1515, 1516 (11th Cir.1987).
  • Cielinski v. Kitchen (In Re Tires & Terms of Columbus, Inc.), 262 B.R. 885 (Bankr. M.D. Ga. 2000).published
    (holding that a lawyer’s reliance on professional courtesy is not a good reason for failing to file an *889 answer)
  • African Methodist Episcopal Church, Inc. v. Ward, 185 F.3d 1201 (11th Cir. 1999).published 2 cites
    See *1203 Gower v. Knight (In re Knight), 833 F.2d 1515, 1516 (11th Cir.1987).
  • PNCEF, LLC v. Hendricks Bldg. Supply LLC, 740 F. Supp. 2d 1287 (S.D. Ala. 2010).published
    (Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate.)
  • Capitol Records v. Rita Carmichael, 508 F. Supp. 2d 1079 (S.D. Ala. 2007).published
    (Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate.)
  • Atl. Recording Corp. v. Ellison, 506 F. Supp. 2d 1022 (S.D. Ala. 2007).published
    (Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate.)
Show 4 more citing cases
Retrieving the full opinion text from the archive…
In re William Noah KNIGHT, Sr., a/k/a W.N. Wright, a/k/a Bill Knight a/k/a Noah Knight, Debtor. Charles A. GOWER, as Trustee
v.
William Noah KNIGHT, Sr.
No. 86-8779.
Court of Appeals for the Eleventh Circuit.
Jul 8, 1987.
Published opinion
833 F.2d 1515
1987 U.S. App. LEXIS 8680
Charles C. Carter, Columbus, Ga., for defendant-appellant., Michael P. Cielinski, Columbus, Ga., for plaintiff-appellee.
Clark, Hatchett, Tjoflat.
Cited by 3 opinions  |  Published
2 passages pin-cited by 2 cases
Citer courts: S.D. Alabama (1) · Court of Appeals of Kansas (1)
PER CURIAM:

The appellant, William Noah Knight, appeals the entry of a default judgment against him in this bankruptcy case. We affirm.

Knight filed a petition in bankruptcy. On January 16, 1986, the Trustee filed a[*1516] complaint to deny Knight’s discharge pursuant to 11 U.S.C. § 727. Knight did not file an answer within thirty days, and on March 4, 1986, the Trustee filed an application for entry of default under bankruptcy rule 7055. The same day, Knight filed his answer to the complaint. The next day, the bankruptcy court entered a default judgment against Knight. About nine days later, after a hearing, the bankruptcy court granted Knight’s motion to set aside the default and allow the answer. The Trustee appealed to the district court which reversed the bankruptcy court.

On appeal, we review the district court’s decision to reverse the setting aside of the default judgment. Griffin v. Swim-Tech Corp., 722 F.2d 677 (11th Cir.1984); Moldwood Corp. v. Stutts, 410 F.2d 351 (5th Cir.1969). Where a party offers no good reason for the late filing of its answer, entry of default judgment against that party is appropriate. McGrady v. D'Andrea Electric, Inc., 434 F.2d 1000, 1001 (5th Cir.1970). Likewise, the setting aside of a default judgment where no good reason has been offered for the default constitutes an abuse of discretion. In explaining the default, Knight’s lawyer, stated: “The reason for default is basically my own responsibility and I will say that I very foolishly relied on the elements of professional courtesy in this case.... ” Knight’s lawyer also characterized his failure to file a timely answer as an “oversight.” At no time did the lawyer attempt to show excusable neglect. Despite the lawyer’s reference to his “foolish reliance on the elements of professional courtesy,” he has not alleged any misconduct by the adverse party which led to the late filing. We agree with the district court that the interests of justice will be better served by enforcing the rule of procedure than by allowing this case to proceed on the merits.

AFFIRMED.