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

• Armstrong v. PET Memorials, Inc.
  301 So. 2d 150· Fla. 4th DCA· 1974-10-11 ·cited 4×
  Pet Memorials, Inc. sought to cancel stock held by Armstrong and Steffler, alleging the shares were issued without Board authorization and consideration. The trial court granted summary judgment for Pet Memorials, but the appellate court reversed, finding the record lacked essent
• Palladino v. State
  267 So. 2d 837· Fla. 3d DCA· 1972-10-17 ·cited 4×
  The court held that the trial court did not err in denying the motion for continuance or the motion to suppress contraband evidence.
• 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×·via Continuance Of Trial
  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.
• Cribbs v. State
  237 So. 2d 297· Fla. 1st DCA· 1970-07-02 ·cited 4×
  Jerry Cribbs petitioned for a writ of certiorari to challenge his conviction for assault and battery, which resulted from the State's substitution of a lesser charge on the day of trial. The Florida First District Court of Appeal denied the petition, holding that the trial court'
• Bear v. United States
  384 F.2d 132· 10th Cir.· 1967-10-26 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the motion for a continuance.
• Grant v. United States
  371 F.2d 400· 9th Cir.· 1967-01-19 ·cited 4×
  The court held that the evidence was sufficient to convict and that the defendants were not denied adequate representation by counsel.
• Millan-Garcia v. Immigr. & Naturalization Serv.
  343 F.2d 825· 9th Cir.· 1965-04-05 ·cited 4×·via Continuance Of Hearing
  The court held that filing an application for naturalization does not immunize an alien from deportation proceedings, and an alien's privilege of counsel in deportation proceedings can be waived.
• Rindgo v. United States
  344 F.2d 523· D.C. Cir.· 1964-09-24 ·cited 4×·via Continuance Of Trial
  The court held that the defendant was not denied his constitutional right to a speedy trial.
• United States v. Redwitz
  328 F.2d 395· 6th Cir.· 1964-02-27 ·cited 4×
  The court held that the trial court did not err in denying a continuance, nor did its conduct or jury instructions constitute reversible error.
• Merritt-Chapman & Scott Corp. v. Honorable W. Wallace Kent
  309 F.2d 891· 6th Cir.· 1962-11-19 ·cited 4×
  The court held that the petition for mandamus should be dismissed without prejudice because the trial judge had not yet ruled on the motion for continuance.
• Johnston v. Jones
  178 F.2d 481· 3d Cir.· 1949-12-21 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying the plaintiffs' motions for judgment on liability and for a continuance.
• Flynn v. United States
  172 F.2d 12· 9th Cir.· 1949-01-10 ·cited 4×
  The court held that the indictments were sufficient and that the evidence supported the conviction for perjury, as the defendant's testimony denying a prior conviction was demonstrably false.
• Locke v. United States
  166 F.2d 449· 5th Cir.· 1948-03-05 ·cited 4×
  The court held that the evidence conclusively showed active tax evasion, and the trial court did not err in its rulings or instructions.
• Gross v. Williams
  149 F.2d 84· 8th Cir.· 1945-04-26 ·cited 4×
  The court held that the trial court did not err in denying the appellant's motions for a stay of proceedings under the Soldiers' and Sailors' Civil Relief Act and for a continuance, nor in its jury instructions on contributory negligence.
• Miss. Valley Structural Steel Co. v. Nat'l Labor Relations Bd.
  145 F.2d 664· 8th Cir.· 1944-12-11 ·cited 4×·via Continuance Of Hearing
  The court held that while the refusal of a continuance is generally within the tribunal's discretion and not subject to appellate review as a denial of due process, in this case, the petition for review could be treated as an application to adduce additional evidence under NLRA §
• Crawford v. State
  98 Fla. 152· Fla.· 1929-07-15 ·cited 4×
  LeRoy Crawford was indicted for first-degree murder, convicted of second-degree murder, and appealed by writ of error. The Florida Supreme Court affirmed the conviction, rejecting all eleven assignments of error, finding the indictment sufficient, the trial procedures proper, and
• Berry Benton v. State
  95 Fla. 919· Fla.· 1928-05-11 ·cited 4×
  Berry Benton was convicted of larceny of an animal belonging to Lykes Brothers Incorporated in Charlotte County Circuit Court. On appeal, the Florida Supreme Court affirmed the conviction, rejecting Benton's challenges to the admission of ownership evidence, the denial of his mot
• The State of Fla. ex rel. Jesse Cohen v. Wingate
  85 Fla. 42· Fla.· 1923-01-10 ·cited 4×
  Jesse Cohen petitioned for habeas corpus claiming wrongful detention by the Sheriff of Manatee County after his criminal trial was continued. The Florida Supreme Court held that while the bond amount may have been excessive, Cohen was not entitled to discharge without bail, and t
• Pastorius v. Whidby
  76 Fla. 571· Fla.· 1918-12-20 ·cited 4×
  The Florida Supreme Court affirmed a judgment for the plaintiff in a case involving a sale of tomatoes, upholding the trial court's denial of a continuance and finding no error in allowing plaintiff's counsel to testify.
• Surrency v. State
  48 Fla. 59· Fla.· 1904-06-01 ·cited 4×
  Alexander Surrency was convicted of second-degree murder in DeSoto County Circuit Court. On appeal, the Florida Supreme Court affirmed the conviction, rejecting challenges to the trial court's denial of a continuance, its judicial remarks during cross-examination, and a potential
• Moshe Zuchaer v. Peninsula Condo. Ass'n, Inc.
  Fla. 3d DCA· 2026-03-25 ·cited 3×·via Continuance Of Hearing
  The appellate court affirmed a summary judgment for the condominium association, holding that the homeowners failed to diligently pursue outstanding discovery. The court emphasized that parties cannot avoid summary judgment by citing unpursued discovery.
• Eulogio Lisca v. Fla. Atl. Constr., Inc.
  219 So. 3d 872· Fla. 4th DCA· 2017-05-31 ·cited 3×
  Eulogio Lisca appealed a default judgment entered against him for failing to file an answer to a counterclaim for declaratory relief filed by his employer's general contractor. The Fourth District Court of Appeal affirmed the default, holding that the trial court did not abuse it
• Clark v. Clark
  204 So. 3d 589· Fla. 1st DCA· 2016-12-01 ·cited 3×
  Angela Clark appeals an order terminating her ex-husband's alimony obligation and finding she received $60,000 in overpayments. The court reverses, holding that the former husband's motion to terminate alimony was improperly initiated and the former wife was not properly served,
• Franks v. Franks
  86 So. 3d 1252· Fla. 1st DCA· 2012-05-04 ·cited 3×
  The appellate court affirmed the trial court's dissolution judgment, finding no abuse of discretion in its rulings on alimony, injunctions, and continuances, while also affirming the award of military retired pay to the former wife.
• Harvey Covington & Thomas, LLC v. WMC Mortg. Corp.
  85 So. 3d 558· Fla. 1st DCA· 2012-04-17 ·cited 3×·via Motion To Continue
  Harvey Covington & Thomas, LLC appealed a summary judgment foreclosure issued in its favor against WMC Mortgage Corp. The appellate court reversed, holding that the trial court abused its discretion by denying Harvey Covington's motion to continue the summary judgment hearing to
• Jones v. State
  58 So. 3d 922· Fla. 5th DCA· 2011-04-08 ·cited 3×
  A trial court abuses its discretion in denying a motion for continuance when the defendant's newly appointed counsel receives the case the day of trial, has insufficient time to prepare, has not interviewed the victim who is the prosecution's key witness, and the defendant faces
• Miami-Dade Cnty. v. Wilson
  44 So. 3d 1266· Fla. 3d DCA· 2010-10-06 ·cited 3×·via Continuance Of Hearing
  Miami-Dade County appealed a trial court's temporary injunction ordering restoration of power to Wilson's nightclub property. The appellate court reversed, holding that Wilson failed to exhaust administrative remedies and received adequate notice of the administrative hearing des
• Euriell Laidler v. State
  10 So. 3d 1136· Fla. 1st DCA· 2009-05-22 ·cited 3×
  Euriell Laidler appeals his convictions for two counts of armed robbery with a firearm and one count of aggravated assault with a firearm. The trial court denied his motion for a continuance after the State disclosed a previously undisclosed witness one week before trial and fail
• D.H. v. Dep't of Child. & Families
  12 So. 3d 266· Fla. 1st DCA· 2009-05-19 ·cited 3×
  Mother D.H. appeals the trial court's order terminating her parental rights to her three-year-old child. The First District Court of Appeal reverses and remands because the trial judge reversibly erred by denying the mother's motion to disqualify him, failing to follow the proper
• Cooper Tire & Rubber Co. v. Rodriguez
  997 So. 2d 1124· Fla. 3d DCA· 2008-10-29 ·cited 3×
  Cooper Tire sought a writ of prohibition to disqualify a trial judge who rescheduled a discovery hearing to dates that conflicted with defense counsel's schedule. The Florida appellate court denied the petition, holding that a judge's efforts to keep cases moving and resolve disc
• Gianna Sheinheit v. Cuenca
  840 So. 2d 1122· Fla. 3d DCA· 2003-03-26 ·cited 3×
  The court held that the trial court violated the appellant's due process rights by granting her time to obtain new counsel while simultaneously denying a continuance, forcing her to proceed pro se.
• J.W. v. Dep't of Child. & Families
  835 So. 2d 316· Fla. 5th DCA· 2002-12-27 ·cited 3×·via Motion To Continue
  The court held that the trial court did not abuse its discretion in denying the motion to continue, as the appellant's claim of reliance on the Department's attorney was contradicted by her own counsel's advice.
• Tropical Jewelers, Inc. v. NationsBANK
  781 So. 2d 381· Fla. 3d DCA· 2000-01-21 ·cited 3×
  A Florida appellate court reversed summary judgment against a company and its individual guarantors in a deficiency action, holding that guarantors cannot waive their UCC rights to require commercially reasonable disposition of collateral, even when the underlying loan documents
• Gearhart v. State
  573 So. 2d 1015· Fla. 1st DCA· 1991-01-31 ·cited 3×
• Delmario Untrale Hill v. State
  535 So. 2d 354· Fla. 5th DCA· 1988-12-22 ·cited 3×
  Delmario Hill appealed his convictions for false imprisonment, sexual battery, theft, burglary, and aggravated assault. The court reversed and remanded for a new trial, finding a due process violation where critical DNA test results and expert witnesses were disclosed to the defe
• Irwin v. Irwin
  455 So. 2d 1118· Fla. 4th DCA· 1984-09-19 ·cited 3×
  The court held that the trial court abused its discretion in denying a continuance when lead counsel had a prior federal court mandate. The court also found no error in jurisdiction, pleading amendments, or evidence of need and ability to pay.
• State v. Adelheid Demarzo
  453 So. 2d 850· Fla. 4th DCA· 1984-07-11 ·cited 3×·via Continuance Of Hearing
  Florida appeals a county court order invalidating the statutory driver's license suspension scheme for DUI refusal cases. The Fourth District Court of Appeal reverses, holding that the statute does not violate the Florida Constitution's judicial rule-making authority, equal prote
• United States v. Perkins
  444 F.2d 1329· 5th Cir.· 1971-07-07 ·cited 3×
  The court affirmed convictions for using the mails to defraud, finding no merit in defendants' contentions regarding arrest, interrogation, counsel, or the admission of evidence of similar transactions.
• Amos Carlton Thomas v. State
  223 So. 2d 391· Fla. 1st DCA· 1969-06-03 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted evidence of similar crimes.
• Rasmussen v. State
  396 So. 3d 889· Fla. 1st DCA· 2024-11-20 ·cited 2×·via Motion To Continue Trial
  Michael George Rasmussen appeals his conviction for sexual battery, challenging the trial court's denial of his motion to continue trial. The Florida District Court of Appeal affirmed the conviction, holding that the trial court properly considered the relevant McKay factors when
• Kandyce McPherson v. Killyah Samuel
  392 So. 3d 565· Fla. 4th DCA· 2024-07-24 ·cited 2×·via Motion To Continue
  A trial court abuses its discretion by denying a motion to continue a permanent injunction hearing when the movant had preplanned international travel, received only eight days' notice, filed the continuance motion promptly, and the opposing party would not be prejudiced by the d
• Higgins v. Higgins
  351 So. 3d 1249· Fla. 2d DCA· 2022-12-02 ·cited 2×
  The appellate court reversed a final judgment of dissolution of marriage, in part, because the trial court abused its discretion by denying the wife's motion for a continuance. The wife was unable to attend the Zoom hearing due to poor internet connection while visiting family ab
• 12550 Biscayne Condo. Ass'n, Inc. v. NRD Invs., LLC
  336 So. 3d 750· Fla. 3d DCA· 2021-11-10 ·cited 2×
  The appellate court affirmed summary judgment for NRD Investments, LLC, against the 12550 Biscayne Condominium Association. The Association argued that the Reciprocal Easement Agreement (REA) and Declaration were unconscionable and sought to reform them, but the court found no pr
• Temnikova v. E. Fin. Mortg. Corp.
  Fla. 3d DCA· 2021-09-01 ·cited 2×
  A promissory note's provision for a legal rate of interest with a contractual limitation agreed to by the parties that applies upon default to the maximum interest allowed by law does not constitute usury.
• Pares v. Soriano
  306 So. 3d 236· Fla. 3d DCA· 2020-06-10 ·cited 2×
  The appellate court reversed a lower court's denial of a rehearing, finding that the trial court abused its discretion by proceeding with a hearing without the former wife, who was hospitalized and provided unrebutted medical documentation. The case concerns the partition of proc
• Eddy Leal, P.A. v. Benitez
  275 So. 3d 774· Fla. 3d DCA· 2019-06-26 ·cited 2×
  A trial court does not abuse its discretion in denying a motion for continuance when the moving party fails to demonstrate prior due diligence, substantially favorable testimony, witness availability, and material prejudice from denial.
• Boffo v. State
  272 So. 3d 876· Fla. 5th DCA· 2019-05-31 ·cited 2×
  The appellate court reversed a trial court's decision to revoke community control, finding that the trial court abused its discretion by denying the defendant's motion for a continuance. The defendant's newly appointed attorney needed more time to prepare, and the court's refusal
• Lynch v. State
  260 So. 3d 1166· Fla. 1st DCA· 2018-12-27 ·cited 2×
  The trial court did not abuse its discretion in admitting the officers' identifications, denying Brady relief, revoking Lynch's self-representation right, or in its handling of Lynch's appearance in shackles and prison clothes during jury selection.
• Taurezs Leigh Bullock v. State
  252 So. 3d 412· Fla. 2d DCA· 2018-08-24 ·cited 2×
  The conviction is affirmed without prejudice to Bullock's right to file a petition for ineffective assistance of appellate counsel under Florida Rule of Appellate Procedure 9.141.
• Ash v. Campion
  247 So. 3d 581· Fla. 1st DCA· 2018-02-05 ·cited 2×
  A contempt fine that imposes a flat, unconditional penalty without a purge provision and is not supported by findings of actual loss constitutes a criminal sanction requiring compliance with Rule 3.840; noncompliance with Rule 3.840 constitutes fundamental error requiring reversa