Task: Wrong Candidate Generation
Input (English): nature is heir.’” Elliott v. Aurora Loan Servs. LLC, 31 So.3d 304, 307 (Fla. 4th DCA 2010) (quoting Somero v. Hendry Gen. Hosp., 467 So.2d 1103, 1106 (Fla. 4th DCA 1985)). Where a failure to act is the result of clerical or secretarial error, excusable neglect is established under rule 1.540(b). See Ocwen Loan Servicing, 185 So.3d at 630 (finding that counsel’s absence from case management conference constituted excusable neglect where firm’s clerk misplaced order setting conference); SunTrust Mortg., 153 So.3d at 954 (“[T]he attorney’s unintentional absence in the instant case due to inadvertent calendaring is the type of mistake excused by Florida Rule of Civil Procedure 1.540(b), as well as judicial precedent.”); J.J.K. Int’l, Inc. v. Shivbaran, 985 So.2d 66, 68 (Fla. 4th DCA 2008) (<HOLDING>); Wilson v. Woodward, 602 So.2d 547, 549 (Fla. 
 Holding statements: (A) holding that defense counsels failure to appear at hearing was excusable neglect where secretary accidentally identified the hearing as cancelled (B) holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error (C) holding that appearance at the scheduled hearing demonstrates actual notice of the hearing (D) holding that dismissal for failure to appear at a deposition is on the merits (E) holding that a traffic ticket that required a plaintiff to appear at hearing and answer to charges was not a seizure
Output (English): holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error