Abuse Of Discretion Standard For Continuance

174 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Pillsbury Credit Union
  661 F.2d 1195· 8th Cir.· 1981-10-27 ·cited 6×
  The court held that the district court did not err in enforcing IRS summonses, as the appellants failed to demonstrate that the summonses were issued solely to aid a criminal investigation.
• United States v. Glaze
  643 F.2d 549· 8th Cir.· 1981-03-17 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a continuance, admitting testimony about an inconclusive field test, or admitting testimony regarding a laboratory test despite a challenge to the chain of custody.
• United States v. McCASKILL
  585 F.2d 189· 6th Cir.· 1978-10-19 ·cited 6×
  The court held that the defendant knowingly and intelligently waived his right to counsel and was aware of the dangers of self-representation, and that the denial of a continuance was not an abuse of discretion.
• United States v. Vardell McPHATTER
  473 F.2d 1356· 5th Cir.· 1973-02-12 ·cited 6×
  The court held that the indictment was adequate, the denial of a continuance was not an abuse of discretion, the prosecutor's remarks were not reversible error, and the search warrant was valid.
• Lemons v. United States
  337 F.2d 619· 9th Cir.· 1964-10-14 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion for a continuance.
• Franken v. United States
  248 F.2d 789· 4th Cir.· 1957-10-18 ·cited 6×
  The court held that the trial court did not err in denying a continuance, in refusing to require the government to turn over a witness statement, or in denying a motion for a directed verdict.
• Davenport v. United States
  197 F.2d 157· 5th Cir.· 1952-06-12 ·cited 6×
  The court held that the denial of a continuance, admission of evidence, and sufficiency of evidence were not grounds for reversal.
• Ramadon v. Ramadon
  216 So. 3d 26· Fla. 2d DCA· 2017-02-17 ·cited 5×
  Vanessa Ramadon appealed a final judgment in her divorce case from Richard Ramadon, challenging the trial court's denial of her motion to continue the final hearing on bifurcated financial issues. The appellate court reversed, finding that the trial court abused its discretion by
• Williams v. State
  415 So. 3d 168· Fla.· 2025-07-17 ·cited 4×
  The trial court did not abuse its discretion in denying Williams's motion for a continuance to secure a new mitigation specialist, where Williams had been appointed multiple specialists over several years, requested the continuance only weeks before trial while proceeding pro se,
• Brown v. State
  38 So. 3d 212· Fla. 2d DCA· 2010-06-11 ·cited 4×
  The court held that the trial court abused its discretion in denying the defendant's request for a continuance to retain private counsel.
• Milanick v. Osborne
  6 So. 3d 729· Fla. 5th DCA· 2009-04-17 ·cited 4×
  The court held that the Administrative Law Judge did not abuse discretion in denying a continuance, and that the former mayor is entitled to attorney's fees for defending an ethics complaint at the administrative hearing but not for a related supreme court proceeding.
• Spitulski v. Spitulski
  816 So. 2d 1251· Fla. 5th DCA· 2002-05-31 ·cited 4×
  John Spitulski appealed a final judgment of dissolution of marriage, challenging the denial of his motion for continuance and the trial court's allocation of marital assets. The appellate court affirmed the denial of the continuance but reversed and remanded on the asset distribu
• United States v. Rasmussen
  881 F.2d 395· 7th Cir.· 1989-08-02 ·cited 4×
  The court held that the thirteen-month delay in holding the probation revocation hearing and the denial of a continuance did not violate the defendant's due process rights or Sixth Amendment right to counsel.
• United States v. West
  878 F.2d 1111· 8th Cir.· 1989-07-12 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance, that inadmissible hearsay and references to a dismissed charge did not prejudice the jury, and that the judge's admonishments of counsel were proper.
• United States v. Bogard
  846 F.2d 563· 9th Cir.· 1988-05-13 ·cited 4×
  The court held that the denial of the motion to continue was not an abuse of discretion and the motion to inspect jury materials was untimely.
• United States v. Murray Bowman Brown
  821 F.2d 986· 4th Cir.· 1987-06-29 ·cited 4×
  The dissent argues that the district court erred in denying the defendant's motion for a continuance based on ill health, as the evidence showed a substantial risk to his life and health if forced to trial.
• United States v. St. John Tyler
  459 F.2d 647· 10th Cir.· 1972-05-17 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted the victim's testimony, rejecting claims of unconstitutional vagueness and double jeopardy.
• Jere O. Huxford v. Huxford
  231 So. 2d 868· Fla. 1st DCA· 1970-02-19 ·cited 4×
  A husband appeals a trial court's judgment granting his wife separate maintenance without divorce. The appellate court affirmed the judgment, finding substantial evidence supported the award and the trial court did not abuse its discretion in denying the husband's motion for cont
• VME Grp. Int'l, LLC v. THE Grand Condo. Ass'n, Inc.
  347 So. 3d 461· Fla. 3d DCA· 2022-08-31 ·cited 3×
  The appellate court reversed final judgments against the plaintiffs, finding the trial court abused its discretion by denying their motions for continuance. The plaintiffs' counsel experienced a medical emergency, leaving them without adequate representation at critical stages of
• In the Interest of D.S. v. Dep't of Child. & Fam. Servs.
  849 So. 2d 411· Fla. 2d DCA· 2003-07-09 ·cited 3×
  Mother M.R. appealed the termination of her parental rights to her son D.S. The appellate court reversed, finding the trial court abused its discretion by denying the mother's motion for continuance when her counsel was unprepared to try the case due to a good-faith misunderstand
• Darby v. State
  748 So. 2d 1069· Fla. 5th DCA· 1999-12-23 ·cited 3×
  James Darby appealed his convictions for armed robbery, shooting into a building, and aggravated assault on a law enforcement officer. The appellate court affirmed his convictions and sentences, but remanded to vacate the grand theft conviction due to double jeopardy principles.
• United States v. Yu Kikumura
  947 F.2d 72· 3d Cir.· 1991-10-15 ·cited 3×
  The court held that the district court's denial of a continuance to allow the defendant to secure new counsel was an abuse of discretion.
• United States v. Lingo
  740 F.2d 667· 8th Cir.· 1984-08-13 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and that the appellant was not subjected to double jeopardy.
• COX v. State
  354 So. 2d 957· Fla. 3d DCA· 1978-02-07 ·cited 3×
  Robert Cox appealed the revocation of his probation, arguing that his right to effective assistance of counsel was violated when his appointed public defender was changed one day before the revocation hearing without adequate preparation time. The Florida District Court of Appeal
• Olin Grantham v. State
  139 Fla. 129· Fla.· 1939-07-07 ·cited 3×
  Olin Grantham was convicted of assault with intent to commit manslaughter after being indicted for assault with intent to commit murder. The Florida Supreme Court affirmed the conviction, rejecting claims that the trial court erred in denying a continuance, admitting evidence of
• Higgins v. Higgins
  351 So. 3d 1249· Fla. 2d DCA· 2022-12-02 ·cited 2×
  The appellate court reversed a final judgment of dissolution of marriage, in part, because the trial court abused its discretion by denying the wife's motion for a continuance. The wife was unable to attend the Zoom hearing due to poor internet connection while visiting family ab
• ALI Aktan v. Gotham Collection Servs. Corp.
  305 So. 3d 632· Fla. 3d DCA· 2020-04-29 ·cited 2×
  This case involves an appeal from a summary judgment in a collection suit. The appellate court dismissed the appeal for one appellant (an LLC) because it failed to retain counsel, and affirmed the summary judgment for the other appellant (an individual) because he did not present
• Hill v. State
  157 So. 3d 481· Fla. 2d DCA· 2015-02-11 ·cited 2×
  Donald Hill appeals the revocation of his probation following a hearing at which the trial court denied his motion for a continuance to retain private counsel. The appellate court reversed, finding the trial court abused its discretion by denying the continuance without adequate
• Yaris v. Hartley
  128 So. 3d 825· Fla. 4th DCA· 2013-11-13 ·cited 2×
  A former husband appealed the denial of his motion for continuance of a final hearing in a modification of alimony case. Despite the high deference afforded to trial courts on continuance decisions, the Fourth District reversed because the former husband suffered injustice from h
• Palmer v. State
  752 So. 2d 665· Fla. 2d DCA· 2000-01-26 ·cited 2×
  William Palmer appeals his conviction for robbery with a firearm, armed burglary, aggravated assault, and petit theft arising from an armed robbery of a pizza store. The court found merit in Palmer's arguments that the trial court abused its discretion by denying him the opportun
• Paul A. Thompson, M.D. v. Marissa Deane
  703 So. 2d 1215· Fla. 5th DCA· 1997-12-31 ·cited 2×
  A physician defendant in a medical malpractice action sought certiorari review of a trial court order denying his motion to dismiss an amended complaint alleging he negligently failed to disclose his surgical experience and hospital support limitations to parents before operating
• United States v. Clay Dalton Johnson
  977 F.2d 1360· 10th Cir.· 1992-09-29 ·cited 2×
  The court held that the denial of a continuance for a suppression hearing was not an abuse of discretion without a showing of specific testimony and due diligence, and that chain of custody issues go to weight, not admissibility, absent evidence of tampering. The court also vacat
• United States v. Donaghe
  924 F.2d 940· 9th Cir.· 1991-01-31 ·cited 2×
  The court held that it has appellate jurisdiction over a provisional sentence imposed under 18 U.S.C. § 3552(b), that the district court did not abuse its discretion in denying a continuance, that no due process violation occurred regarding probation officer notes, and that the d
• LaMarca v. Turner
  662 F. Supp. 647· S.D. Fla.· 1987-06-04 ·cited 2×
  The court affirmed the Magistrate's report and recommendation, overruling defendants' objections regarding jury trial, continuance, recusal, and most factual findings.
• United States v. Clark
  456 F.2d 1375· 10th Cir.· 1972-03-03 ·cited 2×
  The court held that the trial court did not err in denying motions for separate trials or continuances, and that the evidence was sufficient to support the jury's verdicts of guilty for mail fraud.
• Delbert Henry Witt v. United States
  414 F.2d 604· 9th Cir.· 1969-08-06 ·cited 2×
  The court held that the appellant's procedural and evidentiary challenges lacked merit, and the conviction for making false statements to secure an FHA loan would be affirmed.
• Santiago v. State
  395 So. 3d 667· Fla. 2d DCA· 2024-10-16 ·cited 1×
  Jeffrey Santiago was convicted of aggravated battery and witness tampering. The trial court denied Santiago's motion for continuance when the State added a witness tampering charge five days before trial. The appellate court reversed the witness tampering conviction due to the tr
• State v. Bercaw
  363 So. 3d 124· Fla. 1st DCA· 2023-06-14 ·cited 1×
  The appellate court reversed a trial court's denial of a continuance for a suppression hearing. The State sought the continuance because the subpoenaed officer, who made the stop, failed to appear. The court found the denial was an abuse of discretion, leading to the suppression
• Perozo v. State
  356 So. 3d 831· Fla. 4th DCA· 2023-02-22 ·cited 1×
  The appellate court reversed a defendant's conviction because the trial court improperly denied his motion to continue the trial to hire private counsel. The court found the trial judge failed to adequately inquire into the circumstances or make findings to justify denying the de
• James B. Nutter & Co. v. Est. of Stafford Cosby
  314 So. 3d 772· Fla. 2d DCA· 2021-03-31 ·cited 1×
  The appellate court reversed a foreclosure judgment, finding that the trial court abused its discretion by denying an unopposed motion for a continuance. The parties had settled the case, but the trial court proceeded to trial after denying the continuance, leading to the settlem
• Turner v. State
  311 So. 3d 185· Fla. 2d DCA· 2020-08-07 ·cited 1×
  The appellate court reversed a burglary conviction because the trial court abused its discretion by denying the defendant's motion for a continuance. The State had significantly amended the charges and added new witnesses just before trial, leaving the defendant insufficient time
• Bahad v. Wilmington Sav. Fund Soc'y, FSB
  278 So. 3d 740· Fla. 3d DCA· 2019-07-17 ·cited 1×
• Schwartz v. Bank of Am., N.A.
  267 So. 3d 414· Fla. 4th DCA· 2019-03-06 ·cited 1×
  In this foreclosure appeal, appellants challenged a summary judgment of foreclosure against Bank of America, N.A., arguing that material issues of fact remained regarding fraud in the endorsement of the promissory note and that the bank lacked standing because the original note h
• United States v. Windsor
  981 F.2d 943· 7th Cir.· 1992-12-09 ·cited 1×
  The court held that the trial court did not commit plain error by failing to instruct the jury on a lesser included offense, nor was there ineffective assistance of counsel or an abuse of discretion in denying a continuance.
• Dejah Tamir Johnson v. Rollins
  Fla. 4th DCA· 2026-10-07
  A general magistrate abuses her discretion by denying a timely-filed motion for continuance when the magistrate fails to rule on or hear the motion until the date and time set for trial, effectively preventing the movant from obtaining relief even if the motion has merit, particu
• Simon v. State
  Fla. 6th DCA· 2026-05-08
  A trial court does not abuse its discretion in denying a continuance to obtain witnesses when the defendant fails to request such continuance at trial and fails to establish prior diligence, substantially favorable testimony, witness availability and willingness, and material pre
• Jordan v. State
  Fla. 2d DCA· 2026-03-25
  The appellate court reversed a conviction because the trial court abused its discretion by denying a continuance for the defendant to retain private counsel and failed to conduct a required Faretta inquiry when the defendant expressed a desire to represent himself. The court foun
• Perpall v. State
  Fla. 3d DCA· 2026-01-28
  A trial court abuses its discretion in denying a continuance when the defendant has exercised due diligence in securing a witness, the witness's testimony is substantially favorable and essential to the defense, the witness is willing to testify, and denial causes material prejud
• Smith v. Smith
  Fla. 3d DCA· 2025-03-05
  Samuel Lee Smith, Jr. appeals a final judgment awarding child support arrearages to his ex-partner Natasha Katherina Smith for their sixteen-year-old son. The father challenges the trial court's denial of his eleventh-hour motion for continuance and contends that referring the ca
• Heath v. State
  Fla. 1st DCA· 2024-06-19
  The trial court did not abuse its discretion in denying Heath's motions to continue the trial or in admitting domestic violence evidence as inextricably intertwined with the charged offenses. The McKay factors supported the denial of continuance, and the domestic violence evidenc