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

• Davis v. State
  313 So. 3d 835· Fla. 2d DCA· 2021-01-15 ·cited 4×
  The appellate court reversed a conviction for delivery of marijuana to a minor, finding the trial court abused its discretion by denying a continuance when the State added a new charge on the first day of trial. The court affirmed a conviction for battery, finding the prosecutor'
• Hogan v. Aloia
  257 So. 3d 479· Fla. 4th DCA· 2018-10-10 ·cited 4×
  This appeal concerns a child support modification order where the former wife challenges the trial court's denial of her continuance motion, the calculation of modified child support, and the court's failure to rule on her attorney's fees motion. The appellate court affirmed the
• Bentz v. State
  251 So. 3d 201· Fla. 4th DCA· 2018-07-25 ·cited 4×
  The defendant appeals his convictions for possession of hydromorphone and drug paraphernalia, challenging the trial court's denial of his request to substitute private counsel for his public defender on the morning of trial. The court rejected the request citing the age of the ca
• Singh v. U.S. Bank
  223 So. 3d 436· Fla. 2d DCA· 2017-07-14 ·cited 4×·via Motion To Continue Trial
  Carmen Singh appeals a foreclosure judgment where the trial court granted a default motion even though Singh filed her answer two days before the default was entered. The appellate court reversed, holding that under Florida Rule of Civil Procedure 1.500(c), a defendant may file a
• Harper v. Wal-Mart Stores E., L.P.
  134 So. 3d 557· Fla. 5th DCA· 2014-03-14 ·cited 4×
  Harper appeals a summary judgment granted to Wal-Mart in a premises liability case, arguing the trial court erred by entering judgment while discovery was ongoing. The appellate court agreed that summary judgment was prematurely entered because Harper was denied a continuance to
• Brown v. State
  66 So. 3d 1046· Fla. 4th DCA· 2011-08-03 ·cited 4×
  Randy Lee Brown appeals his conviction for cocaine sales and possession near a school, arguing the trial court erred in denying his motion for continuance filed on the morning of trial when he expressed concerns about his retained counsel's legal problems and lack of preparation.
• 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.
• Holmes v. State
  992 So. 2d 328· Fla. 3d DCA· 2008-10-01 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a motion for continuance to secure a witness and that the evidence was legally sufficient to support the jury's verdict.
• Storm v. Decker
  971 So. 2d 165· Fla. 5th DCA· 2007-12-21 ·cited 4×·via Motion To Continue
  Glenn Storm appeals a final injunction for protection against repeat violence issued by the trial court. The appellate court reversed the injunction, finding that Storm was denied due process when the trial court refused to continue the final hearing to allow Storm and his attorn
• Bell v. State
  930 So. 2d 779· Fla. 4th DCA· 2006-05-24 ·cited 4×·via Continuance Of Trial
  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
• Ramirez v. State
  928 So. 2d 420· Fla. 3d DCA· 2006-04-26 ·cited 4×
  William Ramirez appealed his conviction for kidnapping and aggravated battery, arguing the trial court abused its discretion in denying a continuance and that double jeopardy principles prohibited separate conviction for aggravated battery when it was used to enhance the kidnappi
• In the Interest of T.B. v. Dep't of Child. & Fam. Servs.
  920 So. 2d 170· Fla. 2d DCA· 2006-02-08 ·cited 4×
  Father T.B. appeals the termination of his parental rights after the trial court denied his continuance motion and found his non-appearance constituted consent to termination. The appellate court reversed, holding that the trial court abused its discretion in denying the continua
• Rayon Davenport v. State
  914 So. 2d 1004· Fla. 3d DCA· 2005-11-02 ·cited 4×
  Rayon Davenport appealed his conviction, challenging the trial court's denial of his motion to continue trial due to a missing witness and the exclusion of character evidence about the victim. The appellate court affirmed, finding no abuse of discretion in the continuance denial
• Darius Sainte v. State
  864 So. 2d 506· Fla. 4th DCA· 2004-01-07 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the defendant's mid-trial motion for a continuance to secure an alibi witness.
• Premark Int'l, Inc. v. Pierson
  823 So. 2d 859· Fla. 5th DCA· 2002-08-23 ·cited 4×
  The court held that striking a party's sole expert witness, especially on the eve of trial, is too drastic a sanction absent a finding of serious misconduct or intentional misrepresentation.
• S.S. & M.G. v. Dep't of Child. & Fam. Servs.
  784 So. 2d 479· Fla. 4th DCA· 2001-03-14 ·cited 4×
  Parents S.S. and M.G. appeal the termination of their parental rights, arguing the trial court abused its discretion by denying their motion for continuance after DCF filed untimely discovery including a new expert witness and taped statements. The court reversed and remanded for
• Ivel Villanueva v. State
  778 So. 2d 484· Fla. 3d DCA· 2001-02-21 ·cited 4×·via Continuance Of Hearing
• L.D. v. Dep't of Child. & Fam. Servs.
  770 So. 2d 219· Fla. 3d DCA· 2000-10-25 ·cited 4×·via Continuance Request
  A mother appeals a final judgment terminating her parental rights to her child. The sole issue on appeal is whether testimony from a guardian ad litem who performed no investigation should have been excluded. The court affirms the termination, finding the factual basis overwhelmi
• Yelvington v. State
  664 So. 2d 262· Fla. 1st DCA· 1995-09-22 ·cited 4×
  Appellant Yelvington challenges the trial court's denial of his motion to dismiss an amended information filed the day before trial, which expanded the time period of alleged sexual battery and added a new count of lewd conduct. The court affirms, holding that while the prosecuto
• United States v. Spinosa
  982 F.2d 620· 1st Cir.· 1992-12-15 ·cited 4×
  The court held that the trial court did not err in denying the motion to suppress evidence, excluding prior bad acts evidence, admitting telephone records, or denying a missing witness instruction, affirming the conviction.
• United States v. Kelly
  973 F.2d 1145· 5th Cir.· 1992-10-15 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion for continuance, refusing to produce certain evidence, or admitting hearsay statements of a co-conspirator, and that the Bank Bribery Act was not unconstitutionally vague as applied.
• Souder v. Owens-Corning Fiberglas Corp.
  939 F.2d 647· 8th Cir.· 1991-07-29 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence of causation for summary judgment to be inappropriate and that the district court did not abuse its discretion in denying a continuance or certifying the judgment as final. Allegations of judicial bias agains
• Mitchell v. State
  580 So. 2d 852· Fla. 2d DCA· 1991-05-24 ·cited 4×
  Donald Mitchell appealed his robbery conviction on several grounds, but the appellate court found reversible error only in the trial judge's denial of a motion for continuance to locate and serve a crucial defense witness, Reverend Duncan, who could have exonerated Mitchell. The
• Gilbert v. A.L. Lockhart
  930 F.2d 1356· 8th Cir.· 1991-04-19 ·cited 4×
  The court held that the appellant did not make a knowing and intelligent waiver of his right to counsel because he was forced to choose between proceeding pro se or with unprepared counsel, and the state trial court failed to adequately advise him of the perils of self-representa
• Jones v. State
  558 So. 2d 131· Fla. 1st DCA· 1990-03-12 ·cited 4×
  The Florida District Court of Appeal reviewed a judgment and sentence for drug possession and resisting arrest. The court initially relinquished jurisdiction for a proper inquiry into the defendant's request to discharge his attorney, which led to a new trial order for one charge
• Honorable Arthur Birken v. Scheer
  543 So. 2d 330· Fla. 4th DCA· 1989-05-10 ·cited 4×
  The state appeals a writ of prohibition that would have discharged a DUI defendant on speedy trial grounds. The court holds that a defense-requested continuance constitutes a waiver of the ninety-day speedy trial period under Florida law, and discovery violations alone cannot ove
• Burton S. Davis, III v. Am. JET Leasing, Inc.
  864 F.2d 612· 8th Cir.· 1988-12-28 ·cited 4×
  The court held that the district court did not abuse its discretion in denying motions for continuance or mistrial due to untimely document production, nor in admitting expert testimony.
• United States v. Murray Bowman Brown
  821 F.2d 986· 4th Cir.· 1987-06-29 ·cited 4×
  The dissent argues that the district court erred in denying the defendant's motion for a continuance based on ill health, as the evidence showed a substantial risk to his life and health if forced to trial.
• Burley v. Cabana
  818 F.2d 414· 5th Cir.· 1987-06-03 ·cited 4×
  Counsel's failure to inform the trial court of sentencing alternatives constituted ineffective assistance, warranting resentencing, but failure to file a written continuance motion did not prejudice the defendant.
• United States v. Pearson
  798 F.2d 385· 10th Cir.· 1986-07-29 ·cited 4×
  The court held that there was sufficient evidence to convict both defendants and that their other claims of error, including ineffective assistance of counsel and improper judicial comments, were without merit.
• United States v. C.L. Carr
  764 F.2d 496· 8th Cir.· 1985-06-07 ·cited 4×
  The court held that the district court did not err in denying the motion to dismiss the indictment despite the improper characterization of an FBI agent as a "grand jury agent," as the appellant failed to demonstrate prejudice. The court also held that the district court did not
• Stewart v. State
  470 So. 2d 101· Fla. 1st DCA· 1985-06-07 ·cited 4×·via Continuance Request
  Stewart petitioned for a writ of certiorari to review a circuit court order that reversed a county court's grant of his motion for discharge under Florida's speedy trial rule. The court addressed whether a defendant who requested a continuance in a felony case waived speedy trial
• Micro-Sparc, Inc. v. Weinstock
  758 F.2d 790· 1st Cir.· 1985-04-03 ·cited 4×
  The court held that the district court properly granted summary judgment for the corporation to repurchase shares and properly denied reconsideration, as the employee failed to present specific facts showing a genuine issue for trial.
• Horan v. Horan
  464 So. 2d 224· Fla. 4th DCA· 1985-02-27 ·cited 4×·via Motion To Continue
  The appellate court affirmed the denial of a motion to continue a contempt hearing but reversed the dismissal of a petition to set aside a property settlement agreement. The court found that the husband had presented a prima facie case of fraud regarding an oral promise made by t
• Helene J. Postman v. Pelzner, Schwedock, Finkelstein & Klausner, P.A.
  450 So. 2d 597· Fla. 3d DCA· 1984-05-29 ·cited 4×
  The court reversed a $15,000 judgment against a defendant-client in an attorney's fees dispute because she received inadequate notice of trial and the trial judge would have granted her continuance motion had she been present at the calendar call.
• Safeway Ins. Co. & Bruce D. Sutton v. Saxon
  452 So. 2d 60· Fla. 3d DCA· 1984-05-22 ·cited 4×
  In a negligence action, the defendant failed to appear on the second day of trial. The trial court denied the defense's motions for continuance and to read the defendant's deposition, and later permitted plaintiff's rebuttal argument on damages after defense counsel argued for a
• United States v. Santiago-Fraticelli
  730 F.2d 828· 1st Cir.· 1984-03-26 ·cited 4×
  The court held that the trial court did not err in denying the defendant's motions for continuance and mistrial, nor was there insufficient evidence to support the conviction for making a false statement on the ATF form.
• Mohammad Hassan Akhbari v. United States Immigr. & Naturalization Serv.
  678 F.2d 575· 5th Cir.· 1982-06-14 ·cited 4×
  The court affirmed the deportation order, holding that the alien was deportable as an overstay, regardless of his reliance on the INS deferred action policy.
• United States v. McMANAMAN
  653 F.2d 458· 10th Cir.· 1981-07-08 ·cited 4×
  The court reviewed the admissibility of an insanity expert's testimony and whether the prosecution waived its objection by failing to timely object to the testimony.
• Hollie v. Hollie
  388 So. 2d 1389· Fla. 1st DCA· 1980-10-22 ·cited 4×
  In a divorce dissolution case, the Florida appellate court reversed the trial court's judgment because the trial judge improperly allowed the husband to amend his pleadings to assert a counterclaim for dissolution without proper notice or service to the wife, despite denying her
• United States v. Gomez
  603 F.2d 147· 10th Cir.· 1979-08-03 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a mistrial, continuance, admitting certain testimony, or admitting rebuttal evidence, affirming the conviction.
• United States v. Flood
  586 F.2d 391· 5th Cir.· 1978-12-14 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a continuance, and the indictment was sufficient.
• United States v. Fitts
  576 F.2d 837· 10th Cir.· 1978-05-08 ·cited 4×
  The court held that the trial judge did not abuse discretion in excluding alibi witness testimony for failure to comply with Rule 12.1 and that defendant received effective assistance of counsel.
• Freeman v. Mabry
  570 F.2d 813· 8th Cir.· 1978-02-17 ·cited 4×
  The court held that the denial of a continuance to a newly retained attorney, despite limited preparation time, did not violate the appellants' Sixth and Fourteenth Amendment right to effective assistance of counsel.
• United States v. Dick Duane Jones
  564 F.2d 1315· 9th Cir.· 1977-11-25 ·cited 4×
  The court held that the district court erred in dismissing counts IV and V because whether firearms were still in interstate commerce is a question of fact for the jury, not a matter of law for dismissal. The court also affirmed the dismissal of counts I and II based on the suppr
• United States v. Robinson
  553 F.2d 429· 5th Cir.· 1977-06-02 ·cited 4×
  The court held that the Federal Public Defender System is constitutional and that the defendant's speedy trial rights, right to a continuance, and the sufficiency of the evidence were not violated.
• United States v. Barney
  550 F.2d 1251· 10th Cir.· 1977-03-01 ·cited 4×
  The court held that the trial judge abused discretion by dismissing criminal cases for lack of readiness when the government had insufficient notice and by failing to apply the proper balancing test for speedy trial claims.
• Whalen v. State
  335 So. 2d 631· Fla. 1st DCA· 1976-07-28 ·cited 4×
  Whalen was convicted of robbery and sentenced to 99 years imprisonment. On appeal, he challenged the trial court's denial of his motion for continuance, filed the morning of trial, claiming he needed additional time to prepare a psychiatric defense. The appellate court affirmed t
• United States v. Tesack
  538 F.2d 1068· 4th Cir.· 1976-07-16 ·cited 4×
  The court held that the admission of a prior guilty plea transcript for impeachment purposes was permissible, and the warrantless search of the vehicle was lawful.
• Coleman M. Stanley v. Bellis
  311 So. 2d 393· Fla. 4th DCA· 1975-04-18 ·cited 4×
  The trial court abused its discretion by denying the plaintiff's motion for a continuance to conduct discovery before ruling on the defendants' motion for summary judgment.