Continuance Of Trial

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

• Limmie West, III v. State OF La.
  478 F.2d 1026· 5th Cir.· 1973-05-01 ·cited 113×
• Delaney v. United States
  199 F.2d 107· 1st Cir.· 1952-10-10 ·cited 107×
  The court held that the trial court erred in denying a continuance, as the massive, prejudicial publicity generated by a congressional committee hearing, held while the defendant was awaiting trial, created an unfair trial atmosphere that could not be sufficiently mitigated by ju
• United States v. Welty
  674 F.2d 185· 3d Cir.· 1982-03-02 ·cited 87×
  The court held that the defendant did not knowingly and intelligently waive his Sixth Amendment right to counsel because the trial court failed to conduct adequate inquiries into his dissatisfaction with counsel and the implications of self-representation.
• Lott M. Ballard v. State
  31 Fla. 266· Fla.· 1893-01-01 ·cited 72×
  Lott M. Ballard was convicted of manslaughter for the killing of Charles Shafer in a joint trial with Lawrence Ballard (who was acquitted). The Florida Supreme Court affirmed the conviction, rejecting Ballard's challenges to the joint trial, denial of continuance, exclusion of a
• Errion v. Connell
  236 F.2d 447· 9th Cir.· 1956-08-10 ·cited 68×
  The court held that a federal court has jurisdiction over a fraudulent scheme involving both securities and non-securities, and that the statute of limitations does not bar the action when 'lulling activities' prevented timely discovery of the fraud.
• United States v. Fera
  616 F.2d 590· 1st Cir.· 1980-02-28 ·cited 60×
  The court held that the trial court did not err by failing to instruct the jury on the weight to be given to post-arrest statements when no genuine issue of voluntariness was raised, nor by refusing an entrapment instruction when there was no evidence of the defendant's unreadine
• Seaboard Air Line Railway v. Manley P. Scarborough
  52 Fla. 425· Fla.· 1906-06-01 ·cited 60×
  Scarborough sued the Seaboard Air Line Railway for wrongfully expelling him from a passenger train in the middle of the night, causing him physical injury and financial damages. The Florida Supreme Court affirmed a jury verdict awarding Scarborough $200 in damages, rejecting the
• Schino v. United States
  209 F.2d 67· 9th Cir.· 1953-12-02 ·cited 56×
  The court held that the trial court did not err in its rulings on the indictment, bill of particulars, continuance, prosecutor's argument, sufficiency of evidence, excluded evidence, or jury instructions, and affirmed the convictions.
• Brown v. Montgomery Ward & Co.
  252 So. 2d 817· Fla. 1st DCA· 1971-09-30 ·cited 52×
  The court held that a trial court did not abuse its discretion in denying a motion to amend a complaint shortly before trial when the amendment would introduce new issues and necessitate a continuance.
• Samuels v. State
  123 Fla. 280· Fla.· 1936-03-16 ·cited 41×
  This case reviews a conviction for breaking and entering and grand larceny. The appellate court affirmed the conviction, finding no reversible error in the trial court's denial of a severance, continuance, or in its jury instructions regarding accomplice testimony.
• United States v. Baum
  482 F.2d 1325· 2d Cir.· 1973-03-22 ·cited 34×
  The court held that the conviction of Baum must be reversed due to the government's failure to disclose a crucial witness's identity and testimony until trial, denying Baum a fair opportunity to prepare his defense. Scapoli's conviction was affirmed.
• United States v. Keegan
  331 F.2d 257· 7th Cir.· 1964-04-02 ·cited 32×
  Each payment by an employer to a union representative constitutes a separate violation of 29 U.S.C.A. § 186(b), and the jury was properly instructed on the definition of 'willfully violates'.
• State v. Himes
  160 Fla. 757· Fla.· 1948-07-30 ·cited 32×
  The Florida Supreme Court rejected a petition for a writ of prohibition seeking to disqualify a trial judge from presiding over a gambling case. The court held that while a judge's prejudice against a lawyer could in rare cases warrant disqualification, the judge's conduct here—r
• State v. Wheeler
  745 So. 2d 1094· Fla. 4th DCA· 1999-11-24 ·cited 28×
  A trial court lacks authority to dismiss a criminal charge based on the victim's decision not to pursue prosecution or the court's belief that dismissal serves the interests of justice. Only the state attorney possesses the discretion to determine whether prosecution will continu
• United States v. Grooms
  454 F.2d 1308· 7th Cir.· 1972-01-05 ·cited 26×
  The dissenting judge believes the conviction should be reversed and a new trial ordered due to prejudicial prosecutorial arguments.
• United States v. Costello
  760 F.2d 1123· 11th Cir.· 1985-05-20 ·cited 25×
  The court held that the district court did not abuse its discretion in denying motions for continuance of the trial and sentencing, nor in refusing jury instructions on insanity and involuntary intoxication.
• United States v. Lussier
  929 F.2d 25· 1st Cir.· 1991-03-29 ·cited 21×
  The court affirmed the conviction, holding that the defendant's various challenges to the proceedings, including claims regarding arrest jurisdiction, self-incrimination, nature of charges, counsel, continuance, jury information, witness sequestration, and exhibit exclusion, were
• In re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators
  13 So. 3d 1025· Fla.· 2009-07-09 ·cited 20×
  The Florida Supreme Court adopted a comprehensive set of civil procedure rules governing involuntary commitment proceedings for sexually violent predators under the Jimmy Ryce Act. The Court adopted most of the proposed rules with modifications while declining to adopt two rules,
• Sampley v. Attorney General OF North Carolina
  786 F.2d 610· 4th Cir.· 1986-03-10 ·cited 20×
  The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
• Picciurro v. United States
  250 F.2d 585· 8th Cir.· 1958-01-08 ·cited 18×
  The court held that the admission of testimony regarding conversations between the defendant and his wife in the presence of a third party was proper, and that the jury instructions and denial of a continuance did not constitute reversible error.
• Fasig v. Fasig
  830 So. 2d 839· Fla. 2d DCA· 2002-06-14 ·cited 17×
  Margaret Fasig appeals the trial court's denial of her continuance motion in a dissolution of marriage case, which prevented her from presenting evidence about the value of marital assets. The appellate court reversed, finding that the denial of the continuance violated the wife'
• Taylor v. State
  65 So. 3d 531· Fla. 1st DCA· 2011-05-23 ·cited 16×
  Brian Taylor sought a writ of prohibition to prevent the trial court from proceeding on a second petition for involuntary commitment as a sexually violent predator under Florida's Jimmy Ryce Act. The court granted the petition, holding that Taylor was not in lawful custody when t
• Curry v. State
  880 So. 2d 751· Fla. 2d DCA· 2004-06-02 ·cited 12×
  John Curry sought certiorari to quash a circuit court order denying his motion to dismiss a civil commitment petition under Florida's sexually violent predator statute. The court held that Curry validly waived his statutory right to trial within thirty days and never unequivocall
• United States v. Smith
  788 F.2d 663· 10th Cir.· 1986-04-03 ·cited 12×
  The court held that the superseding indictment was not fatally defective despite a change in the administrative title of the National Credit Union Administration, and that the denial of severance motions was not an abuse of discretion.
• Gavino v. Hon. Lloyd F. MacMAHON
  499 F.2d 1191· 2d Cir.· 1974-06-14 ·cited 12×
  The court held that the district judge's revocation of bail and refusal to grant a continuance were an abuse of discretion and violated the defendant's fundamental rights.
• Bank of China v. Wells Fargo Bank & Union Tr. Co. (two cases)
  209 F.2d 467· 9th Cir.· 1953-12-21 ·cited 12×
  The court held that Wells Fargo should be relieved of liability for interest on a disputed deposit because the circumstances presented complex legal and factual issues without clear precedent, making it inequitable to penalize the bank.
• Anderson v. State
  93 So. 3d 1201· Fla. 1st DCA· 2012-08-09 ·cited 10×
  Andrew Anderson appeals an involuntary civil commitment order under the Jimmy Ryce Act, challenging the trial court's jurisdiction and claiming violation of the mandatory 30-day trial requirement. The court affirmed the commitment order, finding that Anderson and his counsel acti
• United States v. Leonel Aguilera
  654 F.2d 352· 5th Cir.· 1981-08-27 ·cited 10×
  The court held that the trial judge did not err in denying the defendant's oral motion to enforce a withdrawn plea offer or to continue the trial.
• Lamb v. Globe Seaways, Inc.
  516 F.2d 1352· 2d Cir.· 1975-05-28 ·cited 8×
  The denial of the plaintiff seaman's motion for a continuance due to his absence at sea was not an abuse of discretion, and the jury's verdict for the defendants was based on sufficient evidence.
• United States v. Sol C. Schwartz
  857 F.2d 655· 9th Cir.· 1988-09-19 ·cited 6×
  The court held that under the precedent of United States v. Gatto, the government has an absolute right to call a newly acquired witness, even if it necessitates a continuance of the trial.
• Martin v. Honorable Manuel Menendez, Jr.
  467 So. 2d 1035· Fla. 2d DCA· 1985-03-20 ·cited 6×
  A defendant charged with drug offenses sought a writ of prohibition to prevent trial based on alleged speedy trial violations under Florida Rule of Criminal Procedure 3.191. The court denied the petition, holding that the defendant's failure to move for severance from his codefen
• Am. Pac. Dairy Prods., Inc. v. Siciliano
  235 F.2d 74· 9th Cir.· 1956-06-20 ·cited 6×
  The court held that the district court erred in calculating partnership profits and in failing to order an accounting for post-dissolution profits, but correctly denied jury trials and venue changes. The court also found certain charges in the open book account claim unsupported.
• Vevelstad v. Flynn
  230 F.2d 695· 9th Cir.· 1956-01-13 ·cited 6×
  The court held that the petition for rehearing did not present new arguments and that the original decision was correct.
• Brewer v. United States
  150 F.2d 314· 9th Cir.· 1945-06-30 ·cited 6×
  The court held that the indictment was sufficient and the denial of a continuance was not an abuse of discretion.
• Roni Friedman Cohen v. Cohen
  39 So. 3d 403· Fla. 4th DCA· 2010-06-23 ·cited 5×
  The appellate court affirmed the trial court's decisions regarding asset valuation, characterization of assets as marital or nonmarital, and denial of alimony, finding no abuse of discretion.
• Sila Nicholson v. Nicholson
  717 So. 2d 123· Fla. 4th DCA· 1998-09-09 ·cited 5×
  Sila Nicholson appealed a final judgment of dissolution of marriage, challenging the trial court's denial of her continuance request. The appellate court found the trial court abused its discretion by proceeding to trial without postponement when the wife's attorney had just with
• Gastaldi v. Sunvest Resort Cmtys., LC
  709 F. Supp. 2d 1284· S.D. Fla.· 2010-03-22 ·cited 4×
  The court held that a continuance was not warranted because the plaintiffs had not shown sufficient diligence in preparing their damages case, having repeatedly failed to proffer admissible expert testimony on damages.
• Bell v. State
  930 So. 2d 779· Fla. 4th DCA· 2006-05-24 ·cited 4×
  James Bell was convicted of sexual battery on a child, indecent assault, and inducing a sexual performance by a child. The Fourth District Court of Appeal reversed for a new trial, finding prejudicial error in the State's failure to timely disclose that the child victim intended
• Ettore Fontana and Cecelia Fontana v. United Bonding Ins. Co. v. Rockwood Ins. Co.
  468 F.2d 168· 3d Cir.· 1972-09-27 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and allowing intervention on the condition of no delay.
• Rindgo v. United States
  344 F.2d 523· D.C. Cir.· 1964-09-24 ·cited 4×
  The court held that the defendant was not denied his constitutional right to a speedy trial.
• Hammons v. Hill-Rom Co., Inc.
  Fla. 1st DCA· 2022-03-04
  A petition for writ of certiorari must be dismissed when the petitioner fails to establish irreparable harm, particularly where the trial court has provided an available remedy.
• Damas v. Rappleye
  Fla. 3d DCA· 2022-03-02
  Wife appealed an Amended Final Judgment of Dissolution of Marriage, arguing that the trial court abused its discretion by denying her motions to continue the trial date. The appellate court reversed and remanded for a new trial, finding that the trial court failed to comply with
• Damas v. Rappleye
  Fla. 3d DCA· 2022-03-02
  A trial court abuses its discretion by denying a continuance to a pro se litigant when trial is set within an unreasonably short time from service of notice, particularly in a complex family law case involving multiple contested issues regarding minor children, asset distribution
• Southpoint Condo. Ass'n, Inc. v. Lexington Ins. Co.
  S.D. Fla.· 2020-02-24
  The court held that a stay of litigation and continuance of trial deadlines were not warranted, as the plaintiff failed to demonstrate good cause or exceptional circumstances.
• In & for New Castle Cnty. Susan Anderson Ad Litem for Kayla Anderson Civil Action No.
  Del. Super. Ct.· 2010-03-05
  The court granted the defendant's motion to preclude the first $15,000 of plaintiffs' damages under Delaware's no-fault law, finding that the child's injuries arose out of the use of the motor vehicle. The court also granted the defendant's motion to exclude a DVD taken years aft
• In & for New Castle Cnty. James Brady & Sarah Brady Civil Action No.
  Del. Super. Ct.· 2009-07-31
  The court held that the impeachment evidence against witness Gary Noble is admissible, but the method of proof determines whether the motion to continue the trial is granted. If plaintiffs agree to the admission of the affidavits of probable cause into evidence, the trial will no
• D.F. v. Fla. Dep't of Child. & Fam. Servs.
  877 So. 2d 733· Fla. 3d DCA· 2004-04-21
  D.F. appeals the termination of her parental rights to three children. The court reverses because the trial court abused its discretion by denying defense counsel's repeated requests for continuance on the final day of trial when D.F. was in federal custody and had been located o
• Crown Life Ins. Co. v. Craig
  995 F.2d 1376· 7th Cir.· 1993-05-28
  The court affirmed the district court's judgment and sanctions, finding that Crown Life wilfully failed to comply with discovery orders and that the sanctions were proportionate to the violation.
• United States v. Frankhauser
  878 F.2d 1571· 1st Cir.· 1989-07-14
  The court held that the district court did not err in severing the appellant's trial, denying a lengthy continuance, or in refusing to grant a new trial based on alleged withholding of exculpatory material.
• McKENZIE Constr., Inc. v. Desmond L. Maynard
  823 F.2d 43· 3d Cir.· 1987-07-07
  A contingent fee agreement, reasonable when entered into, remains enforceable even if subsequent events make the fee appear high, provided the client has not proven the fee became unreasonable through changed circumstances or attorney misconduct.