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

• Daniel J. Hartwig Assocs., Inc. v. Kanner
  913 F.2d 1213· 7th Cir.· 1990-09-19 ·cited 6×
  The court affirmed the district court's decision, holding that personal jurisdiction was proper, a directed verdict was warranted, and the denial of a continuance was not an abuse of discretion.
• Schrader v. Whitley
  904 F.2d 282· 5th Cir.· 1990-06-28 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a continuance when the opposing party stipulated to the absent witness's testimony and its truthfulness, and the testimony was likely cumulative.
• Manzoli v. Commissioner OF Internal Revenue
  904 F.2d 101· 1st Cir.· 1990-05-22 ·cited 6×
  The court held that the Tax Court did not err in sustaining tax deficiencies assessed against the taxpayers, nor did it abuse its discretion in denying motions for continuance and leave to amend.
• United States v. Victor Alexander, M.D.
  869 F.2d 808· 5th Cir.· 1989-03-28 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a continuance and that any error in excluding defense evidence was harmless.
• United States v. Weisman
  858 F.2d 389· 8th Cir.· 1988-09-23 ·cited 6×
  The court held that the civil forfeiture proceedings did not infringe the defendant's Sixth Amendment right to counsel of his choice because the property was too encumbered to provide funds. The court also held that the denial of a continuance and the refusal to subpoena certain
• United States v. Sol C. Schwartz
  857 F.2d 655· 9th Cir.· 1988-09-19 ·cited 6×·via Continuance Of Trial
  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.
• The Fla. BAR. In re Louis Vernell, Jr.
  520 So. 2d 564· Fla.· 1988-02-19 ·cited 6×
  The court held that the referee's recommendation for reinstatement should be approved, as the Bar failed to demonstrate abuse of discretion or grounds for denying reinstatement.
• Casperone v. Landmark OIL & GAS Corp.
  819 F.2d 112· 5th Cir.· 1987-06-15 ·cited 6×
  The district court exceeded the scope of the bankruptcy court's order modifying the automatic stay by ruling on debt dischargeability, thus that ruling is reversed. The remaining issues are affirmed.
• Watson v. H.A. Miears
  772 F.2d 433· 8th Cir.· 1985-09-04 ·cited 6×
  The court held that the trial court's findings of fact were not clearly erroneous and that the buyer breached the contract by failing to pay the balance due, as the goods conformed to the contract and the buyer had no right to revoke acceptance.
• United States v. Mitchell
  765 F.2d 130· 10th Cir.· 1985-06-17 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a continuance and that the defendant received due process.
• Martin v. Honorable Manuel Menendez, Jr.
  467 So. 2d 1035· Fla. 2d DCA· 1985-03-20 ·cited 6×·via Continuance Of Trial
  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
• United States v. Rosado
  728 F.2d 89· 2d Cir.· 1984-02-10 ·cited 6×
  The court held that the defendants' fair trial rights were not violated by pretrial publicity, denial of a continuance, or the explanation for an anonymous jury, and that the government's rebuttal evidence and alleged prosecutorial misconduct were not grounds for reversal.
• Alford v. United States
  709 F.2d 418· 5th Cir.· 1983-07-15 ·cited 6×
  The court held that the district court abused its discretion by denying a continuance to allow retained counsel adequate preparation time for an evidentiary hearing.
• Nichols v. Ellis S. Tarsches
  429 So. 2d 409· Fla. 3d DCA· 1983-03-29 ·cited 6×
  In this partnership accounting dispute, the court held that the issue of waiver was necessarily resolved by a prior partial summary judgment, making it the law of the case and precluding the trial court from resubmitting the waiver issue to the jury. The reversal turns on the doc
• Gomez v. State
  409 So. 2d 1096· Fla. 3d DCA· 1982-01-26 ·cited 6×
  Affirmed conviction but reversed split sentence as invalid under Villery; remanded for resentencing with option to decline correction.
• Carvajal v. Adams
  405 So. 2d 763· Fla. 3d DCA· 1981-11-03 ·cited 6×
  Carvajal appealed a civil judgment in favor of Adams arising from an incident where Carvajal shot into a van. The court affirmed, holding that the trial court properly denied Carvajal's motion for continuance, that any error in admitting police officer testimony about bullet pene
• United States v. Evans
  569 F.2d 209· 4th Cir.· 1978-01-17 ·cited 6×
  The court held that while Evans's conviction was affirmed, Whitehead's conviction must be vacated due to the late appointment of counsel and denial of a continuance.
• United States v. Shuey
  541 F.2d 845· 9th Cir.· 1976-08-31 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the motions for continuance and withdrawal of counsel, and that the appellant received effective assistance of counsel.
• Wilson v. State
  306 So. 2d 513· Fla.· 1975-01-15 ·cited 6×
  Jimmy Lee Wilson appeals his convictions for two counts of first-degree murder and one count of robbery, challenging the constitutionality of Florida's jury selection procedure and the trial court's denial of a continuance and evidentiary rulings. The Florida Supreme Court uphold
• United States v. Ervin L. Abercrombie
  480 F.2d 961· 5th Cir.· 1973-07-17 ·cited 6×·via Continuance Request
  A defendant cannot be lawfully convicted of both taking and possessing the same money under the Bank Robbery Act, as these offenses are legally incompatible when applied to the same individual.
• United States v. Young
  470 F.2d 962· 9th Cir.· 1972-12-06 ·cited 6×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not err in admitting telephone records or denying motions for a continuance or mistrial.
• Seashole v. F & H OF Jacksonville, Inc.
  258 So. 2d 316· Fla. 1st DCA· 1972-02-29 ·cited 6×
  The Seasholes appealed from a trial court order denying their motion to intervene in a partition suit involving property they claimed to own. The appellate court addressed procedural issues including the timeliness and proper scope of the appeal, ultimately allowing the appeal of
• United States v. Boyd Henson Campbell
  453 F.2d 447· 10th Cir.· 1972-01-04 ·cited 6×
  The court held that the trial court did not err in denying the motion for a continuance, admitting testimony placing the defendants near the scene of the crime, or in its jury instructions regarding possession of recently stolen property.
• United States v. Thomas
  450 F.2d 1355· D.C. Cir.· 1971-10-15 ·cited 6×
  The court held that the case must be remanded to determine if the trial court's actions or inactions regarding the defendant's requests to discharge counsel and obtain appointed counsel prejudiced his right to counsel.
• United States v. Platt
  435 F.2d 220· 7th Cir.· 1970-12-15 ·cited 6×
  The court held that the trial judge did not abuse discretion in denying a continuance and did not commit plain error by failing to instruct the jury on the distinction between actual and constructive fraud, nor was there error in admitting certain evidence.
• United States v. Hoffa
  398 F.2d 291· 6th Cir.· 1968-07-23 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the defendants' motion for a continuance and their motion to dismiss without prejudice, and affirmed the denial of the motion for a new trial.
• Seaboard AIR Line R.R. Co. v. Cain
  175 So. 2d 561· Fla. 3d DCA· 1965-05-25 ·cited 6×
  The court held that the trial judge correctly excluded the neurosurgeon's report as hearsay and that the appellants failed to demonstrate reversible error in other procedural matters or in the sufficiency of the evidence.
• Devandlis Wiggins v. Ragen
  238 F.2d 309· 7th Cir.· 1956-10-25 ·cited 6×
  The court denied the petition for rehearing, reaffirming that while federal courts generally defer to state court decisions on constitutional rights, they must hold a hearing if the averments present unusual circumstances.
• Am. Pac. Dairy Prods., Inc. v. Siciliano
  235 F.2d 74· 9th Cir.· 1956-06-20 ·cited 6×·via Continuance Of Trial
  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×·via Continuance Of Trial
  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×·via Continuance Of Trial
  The court held that the indictment was sufficient and the denial of a continuance was not an abuse of discretion.
• Heflin v. United States
  132 F.2d 907· 5th Cir.· 1943-01-22 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a continuance and that the admission of certain testimony, coupled with jury instructions, did not constitute reversible error.
• Bour v. Sherman
  113 Fla. 730· Fla.· 1934-01-12 ·cited 6×
  In this 1934 Florida Supreme Court case, the court affirmed a trial court judgment, rejecting the defendant's challenge to the denial of a continuance motion and addressing procedural irregularities in how the married woman plaintiff initiated suit.
• Hall v. State
  35 Fla. 534· Fla.· 1895-01-01 ·cited 6×
  T. A. Hall was convicted of aggravated assault with intent to murder in Walton County, Florida in 1894. This writ of error challenges the trial court's denial of a continuance motion and refusal to grant a new trial, but the Florida Supreme Court upholds the conviction as support
• Ediol Topalli v. Feliciano
  267 So. 3d 513· Fla. 2d DCA· 2019-03-22 ·cited 5×
  A final judgment assessing attorney's fees as a condition for granting a continuance is erroneous when entered as an executable money judgment without a stated legal basis, underlying claim, counterclaim, or sanction, particularly where the judgment's enforcement is not condition
• Nieto Villamizar v. Luna Cap. P'rs
  43 Fla. L. Weekly D900· Fla. 3d DCA· 2018-10-24 ·cited 5×
  An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction
• Solonina v. Artglass Int'l
  256 So. 3d 971· Fla. 3d DCA· 2018-10-10 ·cited 5×
  A trial court's scheduling of trial on a date when the plaintiff-party and material witness is unavailable, coupled with the effective preclusion of deposing material witnesses, constitutes a departure from the essential requirements of law causing irreparable harm remediable by
• Gering v. State
  252 So. 3d 334· Fla. 3d DCA· 2018-07-25 ·cited 5×
  Trial courts have authority to enter directed verdicts in Jimmy Ryce jury trials because the Jimmy Ryce Act and Jimmy Ryce Rules expressly incorporate the Florida Rules of Civil Procedure by their terms, and nothing in those rules or statutes supersedes or prohibits Rule 1.480(a)
• Sandor Eduardo Guillen v. State
  189 So. 3d 1004· Fla. 3d DCA· 2016-04-13 ·cited 5×
  Sandor Guillen appeals his criminal convictions for DUI manslaughter, vehicular homicide, and leaving the scene of a fatal crash, challenging the trial court's denial of his motion for a continuance, denial of his motion to exclude an expert witness, and admission of photographs
• Francois v. State
  137 So. 3d 1186· Fla. 3d DCA· 2014-04-16 ·cited 5×
  Gerard Francois appeals his convictions for aggravated battery and misdemeanor battery, challenging the trial court's denial of his last-minute motion for a continuance to substitute private counsel after jury selection and his claim of ineffective assistance of counsel. The Flor
• Roni Friedman Cohen v. Cohen
  39 So. 3d 403· Fla. 4th DCA· 2010-06-23 ·cited 5×·via Continuance Of Trial
  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.
• Cephus Wade v. State
  30 So. 3d 640· Fla. 4th DCA· 2010-03-17 ·cited 5×
  Cephus Wade discharged his counsel and elected to represent himself on the morning of trial, then requested a continuance to prepare. The trial court denied the continuance, Wade was convicted, and he appealed claiming the denial violated due process. The appellate court affirmed
• Sila Nicholson v. Nicholson
  717 So. 2d 123· Fla. 4th DCA· 1998-09-09 ·cited 5×·via Continuance Of Trial
  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
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×
  On appeal, the court reversed and remanded a trial court judgment awarding substantial delay damages ($12.5 million to T/F Systems and $419,000 to Malt) against appellants Fu Sheng, Southeast Capital, and PDC for violating an injunction during a pending appeal. The court found th
• Gullett v. Armontrout
  894 F.2d 308· 8th Cir.· 1990-01-19 ·cited 5×
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition on successive petition and abuse of the writ grounds.
• Martin v. State
  195 So. 2d 9· Fla. 4th DCA· 1967-02-14 ·cited 5×
  Peter Martin appealed his robbery conviction, challenging the trial judge's denial of a continuance motion based on allegedly prejudicial newspaper publicity and raising claims about prosecutor misconduct and sufficiency of evidence. The appellate court affirmed the conviction, f
• Miller v. United States
  351 F.2d 598· 9th Cir.· 1965-10-19 ·cited 5×
  The court held that the trial judge did not abuse his discretion in denying a continuance to the appellant, and that the appeal was frivolous.
• Teddle Scherer v. Moe Scherer
  150 So. 2d 496· Fla. 3d DCA· 1963-03-05 ·cited 5×
  In this interlocutory divorce appeal, the Florida District Court of Appeal affirmed a trial court's order denying the wife's motion for continuance and permitting the husband to amend his counterclaim to add a charge of adultery occurring after the original counterclaim was filed
• Elbert Eugene Harper v. State
  160 Fla. 402· Fla.· 1948-04-26 ·cited 5×
  Elbert Eugene Harper was convicted of first-degree murder and sentenced to death by electrocution. He appealed, challenging the denial of his motion for continuance, the conviction's sufficiency, and the sentence, but the Florida Supreme Court affirmed his conviction and death se
• Lyons v. United States
  123 F.2d 507· 6th Cir.· 1941-11-14 ·cited 5×
  The court held that issues not presented to the trial court cannot be raised for the first time on appeal.