Abuse Of Discretion Standard For Continuance

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

• D J B Rentals, LLC v. City of Largo
  Fla. 2d DCA· 2023-11-03
  The trial court did not abuse its discretion in denying DJB's motion to continue the summary judgment hearing because DJB failed to act diligently in propounding discovery, having waited until January 7 to file written discovery requests when it had over two months to do so after
• Roberts v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2023-06-15
  The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
• Boris Tarlo v. Metro. Life Ins. Co.
  Fla. 3d DCA· 2023-05-10
  A trial court does not abuse its discretion in denying a continuance motion when the movant files the request one week before trial, has made multiple prior continuance requests, fails to provide a sworn proffer of testimony, and does not articulate a specific medical condition.
• Boris Tarlo v. Metro. Life Ins. Co.
  Fla. 3d DCA· 2023-05-10
• Full PRO Restoration v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-03-15
  Summary judgment was properly granted for Citizens because Full Pro failed to timely submit opposing evidence under Florida Rule of Civil Procedure 1.510(c)(5), and even if a continuance were granted, Full Pro could not demonstrate that additional discovery would establish a genu
• Full PRO Restoration v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-03-15
  The appellate court affirmed a summary judgment in favor of an insurance company. The court found that the insured's assignee failed to present evidence of a covered loss due to Hurricane Irma, and also failed to comply with procedural rules for submitting evidence late in the su
• Perozo v. State
  Fla. 4th DCA· 2023-02-22
  A trial court errs in denying a defendant's motion for a continuance to retain counsel of choice without conducting an adequate inquiry into surrounding circumstances and making clear findings that the defendant's constitutional right is not being arbitrarily denied. Such a wrong
• Gerhard Kalke v. Kalke
  Fla. 2d DCA· 2021-12-29
  The appellate court affirmed a trial court's denial of a continuance in a dissolution of marriage case. The court found that the former husband's request for a continuance was not supported by unforeseen circumstances or dilatory tactics, and granting it would have prejudiced the
• State v. Ruoshawn Randolph
  Fla. 5th DCA· 2019-12-20
  A motion to dismiss under Rule 3.190(c)(4) must be denied when the defendant's own attachments create a disputed issue of material fact by contradicting the motion's factual allegations, even if the State fails to file a traverse.
• Rodriguez v. Avatar Prop. & Cas. Ins. Co.
  Fla. 2d DCA· 2019-10-02
  Bobbie Jo Rodriguez appealed summary judgment entered against her in a breach of contract action against her homeowners insurance company, Avatar Property and Casualty Insurance Company. The appellate court reversed, finding the trial court abused its discretion by granting summa
• State v. A.D.C.
  59 So. 3d 1209· Fla. 5th DCA· 2011-04-29
  The State appealed from a trial court's denial of its motion to continue a restitution hearing and the resulting order setting restitution at zero. The appellate court reversed, holding that the trial court abused its discretion by denying the continuance when the State lacked a
• Huxley Petigny v. State
  963 So. 2d 891· Fla. 3d DCA· 2007-08-22
  Appellant's convictions for organized fraud and grand theft were reversed as to the organized fraud count due to double jeopardy violation, while his convictions for forgery, uttering a forged instrument, and simulating a legal process were affirmed; the trial court's denial of a
• M.D.B. v. State
  952 So. 2d 590· Fla. 2d DCA· 2007-03-21
  When a probation revocation hearing is set for the same day as arraignment without prior notice, and defense counsel is given inadequate time to prepare, the juvenile court abuses its discretion in denying a continuance motion. Additionally, the court errs when it requires the pu
• Billy Earl Banks, Sr. v. State
  936 So. 2d 787· Fla. 4th DCA· 2006-09-06
  Affirmed convictions for rape with reversal of three counts due to double jeopardy violation; trial court did not abuse discretion in denying continuance motion.
• Savage v. State
  880 So. 2d 809· Fla. 5th DCA· 2004-08-13
  Thomas Savage appeals his vehicular manslaughter conviction, arguing the trial court erred in denying his motion for judgment of acquittal and failing to grant a continuance when he substituted counsel days before trial. The appellate court affirms, finding sufficient evidence of
• Davis v. State
  704 So. 2d 681· Fla. 1st DCA· 1997-12-18
  Jerome Davis appealed the revocation of his community control, challenging the trial court's findings of willful violations, denial of a continuance for mental health evaluation, the form of the revocation order, and jail time credit calculation. The appellate court affirmed the
• United States v. Wynne
  993 F.2d 760· 10th Cir.· 1993-05-18
  The court held that the defendant's statements were voluntary and not the product of custodial interrogation, and that the denial of continuances and other claims were without merit.
• United States v. Young
  943 F.2d 24· 7th Cir.· 1991-08-27
  The court held that the district court did not abuse its discretion in denying the defendant's motions for continuance, and that his other arguments regarding proof, disclosure, and sentencing were without merit.
• Fate McMILLER v. A.L. Lockhart
  915 F.2d 368· 8th Cir.· 1990-09-27
  The court held that the petitioner did not receive constitutionally ineffective assistance of counsel and that the trial court did not abuse its discretion in denying a continuance.
• United States v. Elbert L. Johnson
  909 F.2d 1440· 10th Cir.· 1990-07-27
  The court held that the district court did not abuse its discretion in denying a continuance for the defendant's trial, nor did it err in refusing to instruct the jury on reliance on counsel or in its instruction regarding the term 'felony'.
• White v. A.L. Lockhart
  857 F.2d 1218· 8th Cir.· 1988-09-27
  The court held that the denial of a continuance was not a constitutional error, and thus affirmed the dismissal of the habeas petition.
• United States v. Hope
  714 F.2d 1084· 11th Cir.· 1983-09-16
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in granting a continuance under the Speedy Trial Act, and that the Attorney General's authority to add precursors to the controlled substances list was constitutional.
• Krodel v. Houghtaling
  468 F.2d 887· 4th Cir.· 1972-10-26
  The court held that the district court did not err in denying the plaintiff's motions for a jury trial, continuance, and new trial, nor in dismissing the action for lack of prosecution.
• Alvis v. Kimbrough
  455 F.2d 922· 5th Cir.· 1972-02-22
  The court held that the district court abused its discretion by denying a continuance when the appellant was institutionalized and unable to testify.