Motion For Continuance

846 Florida cases classified under this topic, plus 132 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• A Prof'l Nurse, Inc. v. State
  519 So. 2d 1061· Fla. 1st DCA· 1988-01-27 ·cited 10×
  A Professional Nurse, Inc. (APN) appealed the denial of its certificate of need application for a home health agency. The court reversed because the hearing officer imposed an extreme sanction (prohibiting all witness and exhibit testimony) for discovery violations and erred in d
• Feagans v. State
  487 So. 2d 408· Fla. 3d DCA· 1986-04-29 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the motions for continuance, judgment of acquittal, or new trial.
• The Heirs OF the Est. OF Dorothy O. Waldon v. Rotella
  427 So. 2d 261· Fla. 5th DCA· 1983-02-16 ·cited 10×
  This appeal addresses whether attorney Raymond Rotella, acting simultaneously as bankruptcy trustee, personal representative of a probate estate, and attorney for both roles, properly obtained compensation from estate funds for legal services rendered. The court reversed the fee
• United States v. Leonel Aguilera
  654 F.2d 352· 5th Cir.· 1981-08-27 ·cited 10×·via Continuance Of Trial
  The court held that the trial judge did not err in denying the defendant's oral motion to enforce a withdrawn plea offer or to continue the trial.
• Lightsey v. State
  364 So. 2d 72· Fla. 2d DCA· 1978-11-08 ·cited 10×
  The court held that the trial court abused its discretion by denying the appellant's motion for a continuance, which prevented adequate preparation for trial.
• United States v. Gonzalez
  582 F.2d 991· 5th Cir.· 1978-10-27 ·cited 10×
  The court held that the district judge did not abuse his discretion in denying the defendant's motion for a continuance because the government made a reasonable effort to locate the informant.
• Howard v. Shirmer
  334 So. 2d 103· Fla. 3d DCA· 1976-06-02 ·cited 10×
  Plaintiffs appealed a summary judgment dismissing the Miami Herald Publishing Company from a negligence action arising from an injury caused by a van driven by a Herald newsdealer. The court affirmed the summary judgment, holding that the newsdealer was an independent contractor
• United States v. Jordan
  466 F.2d 99· 4th Cir.· 1972-09-05 ·cited 10×
  The court held that the trial court did not err in denying the defendant's motions for a continuance to investigate witnesses and for disclosure of government witnesses' names, nor in denying a motion to suppress the victim's identification.
• United States v. Lethenia Alfonzia Williams
  435 F.2d 1001· 5th Cir.· 1970-12-17 ·cited 10×
  The court held that bringing hashish into the United States after taking it out of the country, without declaration, constitutes illegal importation, and that the prosecutor's comments on appellant's prior admissions were permissible.
• United States v. Fannon
  435 F.2d 364· 7th Cir.· 1970-11-09 ·cited 10×
  The court held that Fannon is entitled to discovery to establish standing to show his conviction was tainted by illegal government eavesdropping, and that the district court erred in denying his motion for additional discovery.
• United States v. Schmidt
  376 F.2d 751· 4th Cir.· 1967-05-02 ·cited 10×
  The court held that the defendant's conviction in the Denver case was fatally flawed due to ambiguous jury instructions and verdict form, and his guilty plea in the Claremont case was involuntary due to judicial coercion. Both convictions are reversed.
• Kish v. State
  192 So. 2d 315· Fla. 3d DCA· 1966-11-29 ·cited 10×
  James Kish and Leevy Mears appealed their convictions for breaking and entering with intent to commit robbery and assault after a jury verdict found them guilty on both counts. The appellate court affirmed their convictions, rejecting arguments that the denial of a continuance mo
• Montgomery v. Commissioner OF Internal Revenue
  367 F.2d 917· 9th Cir.· 1966-10-14 ·cited 10×
  The Tax Court did not abuse its discretion in dismissing the taxpayer's petition for redetermination for lack of prosecution, nor in denying his motions for continuance.
• United States v. Wilkins
  334 F.2d 698· 6th Cir.· 1964-08-05 ·cited 10×
  The court held that the district court did not err in denying the defendant's post-trial motions seeking to vacate his sentence, as the record did not support claims of mental incompetence or improper denial of a psychiatric examination.
• United States v. Koenig
  300 F.2d 377· 6th Cir.· 1962-03-14 ·cited 10×
  The court held that the trial judge's conduct during the trial was so hostile and prejudicial as to deny the appellants a fair trial.
• Spaulding v. United States
  279 F.2d 65· 9th Cir.· 1960-06-08 ·cited 10×
  The court held that the appellant's numerous contentions did not demonstrate a violation of his due process rights or prejudice sufficient to overturn his conviction.
• Judson E. Holt v. United States
  267 F.2d 497· 8th Cir.· 1959-06-16 ·cited 10×
  The court held that the trial court erred by sustaining an objection to defense counsel's argument and instructing the jury that counsel had misstated evidence, thereby invading the jury's province.
• United States v. Mathison
  239 F.2d 358· 7th Cir.· 1956-12-13 ·cited 10×
  The court held that the evidence was insufficient to support a conviction under Count 1 of the Mann Act, but sufficient for Counts 2 and 4. The court also found the prosecutor's statement regarding an absent witness, while improper, was not prejudicial.
• Ira C. Johns v. State
  157 Fla. 18· Fla.· 1946-02-01 ·cited 10×
  The denial of the motion for continuance was proper because the motion was legally insufficient and, even if erroneous, would have been harmless given the overwhelming evidence of guilt.
• Adams v. United States
  128 F.2d 820· 5th Cir.· 1942-06-18 ·cited 10×
  The court held that the trial court did not err in consolidating indictments, denying a continuance, or in its rulings on evidence and jury charge.
• Robinson v. United States
  128 F.2d 322· D.C. Cir.· 1942-06-01 ·cited 10×
  The court held that the defendant's contentions on appeal, including issues with the indictment and trial proceedings, lacked merit.
• Hagan v. State
  66 Fla. 268· Fla.· 1913-11-04 ·cited 10×
  John Hagan was convicted of first-degree murder in Volusia County and sentenced to life imprisonment. On appeal, he challenged the trial court's denial of his motion for a continuance to secure witness testimony and the sufficiency of evidence supporting his conviction. The Flori
• Erlinger v. Federico
  242 So. 3d 1177· Fla. 1st DCA· 2018-03-15 ·cited 9×·via Motion To Continue
  In a family law dissolution proceeding, Erlinger moved to disqualify the trial judge after he denied her motion to modify a temporary parenting plan and granted her ex-husband's contempt motion for repeatedly violating the timesharing schedule. Erlinger alleged the judge demonstr
• Vaught v. Vaught
  189 So. 3d 332· Fla. 4th DCA· 2016-04-20 ·cited 9×
  Michael Vaught appeals a domestic violence injunction, arguing he was denied due process because the trial court based its decision on allegations in a supplemental affidavit that was never served on him and he received fewer than three business days' notice of the final hearing.
• Markeria Roshawn Hillsman v. State
  159 So. 3d 415· Fla. 4th DCA· 2015-03-20 ·cited 9×
  Markeria Hillsman was convicted of cocaine possession after trial began without him present during jury selection. The Fourth District Court of Appeal reversed and remanded for a new trial, finding three reversible errors: (1) the trial court's decision to proceed with trial in t
• Dietz v. Dietz
  127 So. 3d 1279· Fla. 1st DCA· 2013-12-17 ·cited 9×·via Continuance Of Hearing
  Matthew Dietz appeals an order extending a temporary domestic violence injunction for six months without a required showing of good cause for continuance. The Florida First District Court of Appeal reversed, holding that extending a temporary injunction requires statutory authori
• Adalberto Ramos v. State
  75 So. 3d 1277· Fla. 4th DCA· 2011-12-14 ·cited 9×
  Adalberto Ramos appeals his convictions for sexual battery, indecent assault, and lewd molestation of a child. The Fourth District affirmed his sexual battery and molestation convictions but reversed his indecent assault conviction due to insufficient evidence regarding the speci
• Rice v. Nitv, LLC
  19 So. 3d 1095· Fla. 2d DCA· 2009-10-09 ·cited 9×
  Lawrence Rice appeals from a summary judgment entered against him in a tortious interference and defamation case brought by NITV, LLC. The trial court refused to continue a summary judgment hearing despite Rice's inability to obtain counsel within the ninety-day period granted fo
• Labor Ready Se. Inc. v. The Australian Warehouses Condo. Ass'n
  962 So. 2d 1053· Fla. 4th DCA· 2007-08-22 ·cited 9×
  Labor Ready Southeast and property owner Ribar appeal an injunction removing Labor Ready from a condominium unit, arguing the trial court violated Florida Rule 1.440 by setting trial after permitting a last-minute amendment to the complaint without the requisite 30-day notice per
• Kelda R. Pittman Ryan v. Ryan
  927 So. 2d 109· Fla. 4th DCA· 2006-04-19 ·cited 9×
  The former wife appealed a dissolution of marriage judgment, challenging the trial court's denial of her continuance motion and the award of lump-sum alimony instead of permanent alimony. The appellate court affirmed the continuance denial but reversed and remanded the alimony de
• M.F. v. State
  920 So. 2d 1252· Fla. 2d DCA· 2006-02-24 ·cited 9×
  The appellate court held that the trial court abused its discretion by denying the defense's motion for a continuance, as defense counsel was not afforded adequate opportunity to prepare.
• Castro v. Brazeau
  873 So. 2d 516· Fla. 4th DCA· 2004-05-19 ·cited 9×·via Continuance Of Hearing
  Castro appealed a summary judgment in a personal injury case arising from a multi-vehicle accident on I-95. The appellate court affirmed, holding that passenger testimony about the defendant's speed was not competent evidence without expert qualification, and the trial court did
• Bryan v. Bryan
  824 So. 2d 920· Fla. 3d DCA· 2002-06-26 ·cited 9×
  In this divorce appeal, the Florida Third District Court of Appeal reversed the trial court's denial of the husband's emergency motion for continuance and remanded for a new hearing. The husband's attorney had withdrawn three weeks before trial without completing required pretria
• Smith v. State
  762 So. 2d 929· Fla. 4th DCA· 2000-05-03 ·cited 9×
  Henry Smith was convicted of armed robbery and aggravated assault based primarily on eyewitness identification from a December 1997 convenience store robbery. On appeal, Smith challenged the trial court's decision to proceed without a defense witness in state custody, its exclusi
• Hopkins v. State
  743 So. 2d 171· Fla. 5th DCA· 1999-10-22 ·cited 9×
  The court held that counsel cannot be deemed ineffective for failing to anticipate changes in the law, especially when faced with a no-win situation regarding speedy trial rights.
• Fla. Marine Enters. & Angelique Marie Mondo v. Bailey
  632 So. 2d 649· Fla. 4th DCA· 1994-02-09 ·cited 9×
  In this personal injury damages trial, the appellate court affirmed the trial court's decision to strike four improperly disclosed defense expert witnesses. The court held that trial judges have broad discretion to enforce pretrial witness disclosure orders, and that substantial
• Bernstein Seawell & Kove v. W.E. Bosarge, Jr.
  813 F.2d 726· 5th Cir.· 1987-04-07 ·cited 9×
  The court held that an arbitration award is enforceable even if the party claiming lack of notice failed to attend the hearing, and that a party waives objections to representative capacity and arbitrator partiality by failing to raise them timely.
• Ellis v. Capps
  500 F.2d 225· 5th Cir.· 1974-09-13 ·cited 9×
  The court held that admitting the inmate's extensive institutional record was reversible error due to its highly prejudicial nature outweighing its minimal probative value.
• Application of Roy M. Cohn
  332 F.2d 976· 2d Cir.· 1964-06-02 ·cited 9×
• Angeles v. Winn-Dixie Stores, Inc.
  326 So. 3d 811· Fla. 3d DCA· 2021-09-08 ·cited 8×
  Maria Mesa De Los Angeles appealed summary judgment entered in favor of Winn-Dixie Stores, Inc. in a negligence action arising from a slip-and-fall on liquid detergent. The court affirmed the summary judgment, finding that De Los Angeles failed to establish that Winn-Dixie had ac
• Vella v. Salaues
  290 So. 3d 946· Fla. 3d DCA· 2019-10-16 ·cited 8×
  The appellate court affirmed a summary final judgment for the property owners, finding no abuse of discretion in denying the injured worker's motion to amend his complaint or for a continuance for further discovery. The court held that the proposed amendment was futile and untime
• Dev D. Dabas and Sumedha Dabas v. Boston Invs. Grp., Inc.
  231 So. 3d 542· Fla. 3d DCA· 2017-08-02 ·cited 8×
  The Dabases, as lenders who foreclosed on property and obtained a deficiency judgment, appealed the trial court's order setting aside the deficiency judgment as void under Florida Rule of Civil Procedure 1.540(b)(4). The Third District reversed, holding that the deficiency judgme
• Valcarcel v. State
  201 So. 3d 795· Fla. 4th DCA· 2016-10-05 ·cited 8×
  The trial court abused its discretion by summarily denying a motion to continue a sentencing hearing without adequate inquiry or findings, thereby arbitrarily denying the appellant's constitutional right to counsel of choice.
• Cuminotto v. State
  101 So. 3d 930· Fla. 4th DCA· 2012-12-05 ·cited 8×
  Leonardo Cuminotto appeals his convictions for sexual abuse of his daughter, claiming the trial court erred in denying his motion for continuance and failing to conduct a Richardson hearing regarding the State's late disclosure of a Michigan medical exam report. The Fourth Distri
• Henderson v. State
  810 So. 2d 999· Fla. 4th DCA· 2002-02-20 ·cited 8×
  Sherman Henderson was charged with attempted burglary but the state amended the information to charge burglary instead on the morning of trial. The Fourth District Court of Appeal affirmed the trial court's denial of the continuance, holding that the amendment did not require rev
• D.B. v. Dept. OF Children AND Families
  742 So. 2d 275· Fla. 1st DCA· 1998-03-24 ·cited 8×
  A mother challenged the termination of her parental rights to her twin sons, arguing the underlying dependency order was deficient and that the trial court abused its discretion by denying her continuance request to testify. The Florida First District Court of Appeal affirmed, ho
• Beshaw v. Fairinnholt
  586 So. 2d 1284· Fla. 3d DCA· 1991-10-01 ·cited 8×
  Defendants appealed a circuit court's denial of their petition for a writ of prohibition in a criminal trespass case, arguing the state violated discovery rules and that they were denied speedy trial rights. The court affirmed, holding that the state complied with discovery oblig
• Smith v. State
  578 So. 2d 366· Fla. 3d DCA· 1991-04-09 ·cited 8×
  Robert Smith and Michael Patterson appealed their convictions for trafficking in cocaine and conspiracy to traffic in cocaine. The Florida Third District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in denying a continuance when a crit
• McFADDEN v. Cabana
  851 F.2d 784· 5th Cir.· 1988-08-12 ·cited 8×
  A federal court may not grant habeas relief for denials of due process or ineffective assistance of counsel unless the petitioner demonstrates prejudice, meaning a reasonable probability that the outcome would have been different.
• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.