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

• Bennett v. Scroggy
  793 F.2d 772· 6th Cir.· 1986-06-19 ·cited 8×
  The Sixth Circuit held that the trial court's denial of a continuance to secure a witness violated the appellant's Sixth and Fourteenth Amendment rights, warranting a grant of habeas corpus relief.
• Williams v. McNEIL
  442 So. 2d 269· Fla. 1st DCA· 1983-11-18 ·cited 8×
  A medical malpractice plaintiff appealed summary judgment entered in favor of a physician who allegedly negligently severed her ureter during ovarian cyst surgery. The appellate court reversed, holding that the defendant failed to meet his burden of establishing the absence of a
• THE Florida BAR v. Oxner
  431 So. 2d 983· Fla.· 1983-04-21 ·cited 8×·via Continuance Request
  The Florida Supreme Court affirmed a disciplinary action against attorney Jerry E. Oxner, finding that he deliberately made false statements to a judge to obtain a continuance. The court emphasized the critical importance of judicial reliance on attorney representations and impos
• United States v. Marquardt
  695 F.2d 1300· 11th Cir.· 1983-01-17 ·cited 8×
  The court held that the trial court did not err in denying a continuance, admitting other crimes evidence, or refusing a pretrial hearing for coconspirator statements, and affirmed the convictions.
• VIA v. Superintendent, Powhatan Corr. Ctr.
  643 F.2d 167· 4th Cir.· 1981-02-26 ·cited 8×
  A guilty plea is involuntary and unintelligent if counsel's ineffective assistance, stemming from lack of preparation, induced the plea.
• United States v. Phillips
  630 F.2d 1138· 6th Cir.· 1980-09-29 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying a continuance for the defendant's wife's testimony, as her availability, willingness to testify, and the favorability of her testimony were all uncertain.
• Patterson v. Nat'l Transp. Safety Bd.
  638 F.2d 144· 10th Cir.· 1980-05-27 ·cited 8×
  The court affirmed the National Transportation Safety Board's order suspending the pilot's certificates, finding no abuse of discretion in denying a continuance or error in admitting evidence.
• Nat'l Labor Relations Bd. v. PAN Scape Corp.
  607 F.2d 198· 7th Cir.· 1979-10-15 ·cited 8×
  The court held that the Administrative Law Judge (ALJ) did not abuse his discretion in denying the Company's motion for a continuance or its motion to disqualify himself. The Company's own actions and assumptions, rather than the ALJ's rulings, prevented it from presenting its wi
• United States v. Gibbs
  594 F.2d 125· 5th Cir.· 1979-04-27 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion for continuance and that the government was not required to present evidence on the substance of bankruptcy laws to the jury.
• Percznski v. State
  366 So. 2d 863· Fla. 4th DCA· 1979-01-31 ·cited 8×
  Robert Percznski appealed his burglary conviction, challenging the trial court's denial of his oral motion for a continuance made one day before trial. The Fourth District Court of Appeal affirmed the conviction, holding that appellant failed to comply with procedural requirement
• United States v. Morgan
  559 F.2d 397· 5th Cir.· 1977-09-19 ·cited 8×
  The court held that the district court did not err in denying appellants' motions for mental competency determination, severance, suppression of identification and fingerprint evidence, and continuance.
• In re Prof'l Hockey Antitrust Litig. Appeal of Metro. Hockey Club, Inc. v. Nat'l Hockey League
  531 F.2d 1188· 3d Cir.· 1976-02-23 ·cited 8×
  The district court abused its discretion by dismissing the action with prejudice as a sanction for discovery violations. The appellate court found insufficient evidence of willful or intentional non-compliance, noting extenuating circumstances that mitigated the appellants' actio
• United States v. Harris
  521 F.2d 1089· 7th Cir.· 1975-08-05 ·cited 8×
  The court held that the indictment was sufficient and the jury instructions regarding 'forcibly' and the rereading of testimony were proper. The court affirmed the conviction.
• 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.
• Latham v. Crofters, Inc.
  492 F.2d 913· 4th Cir.· 1974-02-28 ·cited 8×
  The court held that the district court abused its discretion by denying a continuance due to a party's severe illness, necessitating a new trial.
• United States v. Edwards
  444 F.2d 122· 9th Cir.· 1971-06-18 ·cited 8×
  The court held that evidence obtained during investigatory questioning was admissible and sufficient to support the conviction.
• Archer-Daniels-Midland Co. v. A & P Bakery Supply & Equip. Co.
  240 So. 2d 73· Fla. 3d DCA· 1970-10-06 ·cited 8×
  Archer-Daniels-Midland Company appeals from an order granting A & P Bakery Supply a new trial. The trial court granted the new trial based on its conclusion that it had erred in denying plaintiff's oral motion for continuance on the day of trial, but the appellate court reverses,
• Elwood Lamar Albright v. State
  191 So. 2d 65· Fla. 2d DCA· 1966-10-12 ·cited 8×
  Elwood Lamar Albright was convicted of armed robbery after a jury trial and appealed, arguing the trial court erred in denying his requests for continuance, voir dire examination, sanity hearing, and jury instruction on lesser included offense. The appellate court affirmed the co
• RAY v. United States
  352 F.2d 521· 5th Cir.· 1965-11-12 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a motion for continuance and that the evidence was sufficient to sustain the guilty verdict.
• Kemp v. State
  177 So. 2d 58· Fla. 3d DCA· 1965-06-29 ·cited 8×
  The appellate court affirmed the denial of the defendant's motion for relief, holding that his speedy trial rights were not violated. The court found that the defendant failed to properly demand a trial as required by statute and that the delay between the information and trial d
• Gardiner v. United States
  321 F.2d 159· 5th Cir.· 1963-07-30 ·cited 8×
  The court held that the appellants' convictions for conspiring to smuggle marihuana were supported by sufficient evidence and that the trial court did not commit reversible error in its rulings or jury instructions.
• Byrd v. United States
  312 F.2d 357· D.C. Cir.· 1962-12-20 ·cited 8×
  The court held that the trial court did not err in denying the motion for continuance, motion for judgment of acquittal, or in its jury charge.
• Chung Wing Ping v. Kennedy
  294 F.2d 735· D.C. Cir.· 1961-07-20 ·cited 8×
  The court held that the trial judge did not abuse his discretion in denying a continuance for discovery, as the appellants' request was untimely and lacked sufficient factual basis.
• Babb v. United States
  210 F.2d 473· 5th Cir.· 1954-02-23 ·cited 8×
  The court held that the indictment was sufficient and that evidence obtained from seizures, even for a different crime, was admissible if relevant. The court also found that the trial court did not abuse its discretion in denying motions for dismissal, bill of particulars, or con
• Lacey Moore v. State
  124 Fla. 332· Fla.· 1936-05-22 ·cited 8×
  The Florida Supreme Court affirmed a conviction for assault with intent to commit manslaughter, holding that the trial court did not err in denying the defendant's motion for a continuance. The motion was deemed insufficient because it lacked adequate grounds to justify delaying
• Lowe v. State
  95 Fla. 81· Fla.· 1928-01-26 ·cited 8×
  Daniel Lowe was convicted of rape in Duval County and sentenced to death. The Florida Supreme Court affirmed his conviction, rejecting his challenges to the trial court's denial of a continuance motion, refusal of requested jury charges, admission of newspaper evidence, and the s
• Hester Stone v. State
  57 Fla. 28· Fla.· 1909-01-01 ·cited 8×
  Hester Stone was convicted of murder in the second degree for killing Nancy Campbell with a knife and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, rejecting her claims that the trial court erred in denying a continuance motion and in instruct
• Dorman v. State
  48 Fla. 18· Fla.· 1904-06-01 ·cited 8×
  This case reviews a conviction for manslaughter where the defendant argued the trial court erred in denying a continuance, discharging a sworn juror, and excluding a deposition. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's rulin
• Reese v. Reese
  363 So. 3d 1202· Fla. 6th DCA· 2023-05-12 ·cited 7×
  This case involves a dissolution of marriage proceeding where the appellate court reviewed several issues raised by the former wife. The court affirmed some rulings, reversed others, and remanded the case for further proceedings.
• Reive v. Deutsche Bank Nat'l Tr. Co.
  190 So. 3d 93· Fla. 4th DCA· 2015-03-25 ·cited 7×
  Florida appellate court reversed a mortgage foreclosure judgment and remanded for new trial, holding that the trial court abused its discretion by denying a continuance motion and admitting undisclosed witnesses and documents, constituting trial by ambush and violating due proces
• Garner v. Buford O. Langford
  55 So. 3d 711· Fla. 1st DCA· 2011-03-03 ·cited 7×
  Appellant challenges a judgment entered after the trial court denied her motion for continuance just before trial. The court reverses and remands for a new trial, finding that the denial of the continuance motion constituted a palpable abuse of discretion under the unusual circum
• Rayvon L. Boatman v. State
  39 So. 3d 391· Fla. 1st DCA· 2010-06-22 ·cited 7×·via Motion To Continue Trial
  Rayvon Boatman appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing the trial court violated the statutory 30-day deadline for trial by granting the state an improper continuance. The court affirmed the commitment but held that Boat
• Genuine Parts Co. v. Parsons
  917 So. 2d 419· Fla. 4th DCA· 2006-01-11 ·cited 7×
  The trial court erred by setting an asbestos case for trial on eight days' notice, violating Florida Rule of Civil Procedure 1.440(c)'s mandatory 30-day notice requirement.
• United States v. Withers
  972 F.2d 837· 7th Cir.· 1992-08-14 ·cited 7×·via Motion To Continue Trial
  The court held that the initial encounter was consensual, evolving into a lawful investigatory stop based on reasonable suspicion, and that the detention of the bag was reasonable. Discovery and continuance issues were also resolved against the defendant.
• State v. Doyle Lawrence
  560 So. 2d 400· Fla. 4th DCA· 1990-05-02 ·cited 7×
  The trial court did not abuse its discretion in denying the state's motion for a continuance and granting the motion to suppress.
• Marino v. Otis Eng'g Corp.
  839 F.2d 1404· 10th Cir.· 1988-02-23 ·cited 7×
  The court should reverse the judgment and remand for a new trial due to the cumulative effect of two evidentiary errors at trial.
• Fairway Ctr. Corp. v. U. I. P. Corp.
  502 F.2d 1135· 8th Cir.· 1974-09-10 ·cited 7×
  The court held that no binding contract was formed because the parties never mutually assented to the same agreement, and the agent who signed the amendment lacked authority to bind the principal to its terms as interpreted by the other party.
• Lowell R. Connell v. Steel Haulers, Inc.
  455 F.2d 688· 8th Cir.· 1972-02-10 ·cited 7×
  The court held that the trial court did not err in instructing the jury on mental anguish damages for wrongful death, denying a mistrial, denying a continuance, or in its rulings on other claims raised by the defendant.
• Berriel v. State
  233 So. 2d 163· Fla. 4th DCA· 1970-03-13 ·cited 7×
  Daniel Berriel challenged his robbery conviction and life sentence through a habeas corpus petition after his court-appointed counsel failed to prosecute his direct appeal. The Fourth District Court of Appeal reviewed his claims and rejected both his argument that denying a conti
• Beecher v. Leavenworth State Bank
  187 F.2d 448· 9th Cir.· 1950-09-14 ·cited 7×·via Continuance Of Hearing
  The court held that the conciliation commissioner abused his discretion in denying the debtor's request for a continuance due to illness, and that the property's value for redemption should be determined as of the date of the hearing, not the termination of the stay.
• Vann v. State
  131 Fla. 688· Fla.· 1938-03-04 ·cited 7×
  Mary Vann was convicted as an accessory before the fact to attempted murder after removal of railroad spikes intended to wreck a train. The Florida Supreme Court affirmed her conviction despite her contention that the substituted information filed in Santa Rosa County was jurisdi
• Harris v. Dep't OF Revenue o/b/o Vanda Insixiengmay
  191 So. 3d 921· Fla. 2d DCA· 2016-05-06 ·cited 6×
  A father appealed an administrative child support order denying his request for a deviation credit based on time-sharing with three children from a prior marriage. The court reversed, finding the father was denied due process when the ALJ arbitrarily imposed a 45-minute time limi
• KAY v. KAY
  988 So. 2d 1273· Fla. 5th DCA· 2008-08-29 ·cited 6×
  In a dissolution of marriage case, the appellate court reversed the trial court's treatment of the husband's disability insurance benefits as marital property subject to equitable distribution, and reversed an award of attorney's fees to the wife for a continuance filed one day b
• In the Interest of C.M. and E.M. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  941 So. 2d 1255· Fla. 2d DCA· 2006-11-17 ·cited 6×·via Continuance Of Hearing
  Father V.M. appeals the termination of his parental rights after the trial court found his failure to appear at the adjudicatory hearing constituted consent to termination. The court reverses, holding that where a parent makes reasonable efforts to attend despite circumstances be
• Shah v. Maria-Elena B. Harding
  839 So. 2d 765· Fla. 3d DCA· 2003-02-05 ·cited 6×
  Shah seeks a new trial after the trial court denied her motion to recuse the judge. The appellate court reversed because the trial judge failed to rule on the recusal motion before deciding the merits of the case, violating Florida's procedural requirements.
• State v. Hurd
  739 So. 2d 1226· Fla. 2d DCA· 1999-08-06 ·cited 6×
  The State appealed the dismissal of a cocaine purchase charge after it had nolle prossed the original information and refiled it. The trial court found this constituted a due process violation, but the appellate court reversed, holding that the State's action was justified by an
• Velasquez v. Malaja Constr., Inc.
  720 So. 2d 302· Fla. 1st DCA· 1998-11-10 ·cited 6×
  Israel Velasquez appealed a workers' compensation order denying his requests for additional permanent impairment benefits, an independent psychiatric examination, and a continuance of the merits hearing. The court affirmed the compensation judge's findings that his permanent impa
• Quinton v. Horvath
  690 So. 2d 755· Fla. 3d DCA· 1997-04-11 ·cited 6×
  The court held that the trial court abused its discretion by denying a motion for continuance when both of the defendant's attorneys became seriously ill.
• Vandyk v. Southside GUN, Inc.
  638 So. 2d 138· Fla. 1st DCA· 1994-06-08 ·cited 6×
  Vandyk appealed a summary judgment granted to Southside Gun in a civil action arising from a shooting incident. The court reversed, holding that the trial court abused its discretion by granting summary judgment where the plaintiff had insufficient time to develop opposing eviden
• Chillemi v. Rorabeck
  629 So. 2d 206· Fla. 4th DCA· 1993-11-17 ·cited 6×
  The court held that while summary judgment on liability for fraudulent misrepresentation was proper due to the sellers' failure to respond, the award of compensatory and punitive damages was based on erroneous calculations and speculation, requiring reversal and remand for a new