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

• Loudermilk v. State
  211 So. 3d 356· Fla. 5th DCA· 2017-02-24 ·cited 2×
  Florida appellate court affirmed denial of continuance motion but reversed and remanded because trial court applied wrong legal standard (sufficiency of evidence instead of weight of evidence) to motion for new trial in drug trafficking case.
• Objio v. State
  179 So. 3d 494· Fla. 5th DCA· 2015-11-20 ·cited 2×·via Continuance Request
  Objio challenges the suspension of his driver's license for DUI where the arresting officer was properly subpoenaed but failed to appear at the formal review hearing. The court held that Florida Statute § 322.2615(11) mandates automatic invalidation of the suspension when a subpo
• Hill v. State
  157 So. 3d 481· Fla. 2d DCA· 2015-02-11 ·cited 2×·via Continuance Rulings
  Donald Hill appeals the revocation of his probation following a hearing at which the trial court denied his motion for a continuance to retain private counsel. The appellate court reversed, finding the trial court abused its discretion by denying the continuance without adequate
• Trans Health Mgmt., Inc. v. Webb
  132 So. 3d 1152· Fla. 1st DCA· 2013-12-10 ·cited 2×
  Trans Health Management and Trans Healthcare appealed a $900 million judgment entered against them after trial proceeded without any attorney representing the defendants. The Florida appellate court reversed, holding that the trial court abused its discretion by denying a foreign
• Palmer v. State
  76 So. 3d 1016· Fla. 2d DCA· 2011-12-07 ·cited 2×
  A defendant's motion for a continuance filed after the speedy trial period has expired, but before the State is precluded from exercising its recapture rights, operates as a waiver of speedy trial rights that carries over to newly filed charges arising from the same incident.
• Florencio Chavez v. State
  48 So. 3d 1022· Fla. 2d DCA· 2010-12-08 ·cited 2×
  The court held that the trial court abused its discretion by denying the defendant's motion for a continuance, as defense counsel was not afforded adequate time to prepare for trial due to a last-minute change in the trial date.
• Kirkland v. State
  1 So. 3d 1224· Fla. 2d DCA· 2009-02-06 ·cited 2×
  Antonio Kirkland appealed a postconviction court's denial of his Rule 3.850 motion asserting eleven claims of ineffective assistance of counsel. The Florida Second District Court of Appeal affirmed the denial of eight claims but reversed and remanded three claims (A, D, and G) be
• Jackson v. State
  998 So. 2d 1175· Fla. 5th DCA· 2008-12-24 ·cited 2×
  James Jackson was convicted of firearm offenses and sentenced to four years imprisonment. The Fifth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by denying his motion for continuance when his newly appointed counsel lacked
• State v. Polk
  993 So. 2d 581· Fla. 1st DCA· 2008-10-24 ·cited 2×·via Motion To Continue
  The court held that the trial court erred in dismissing the charges based on a constitutional speedy trial violation, as the delay was justified and the defendant did not assert his right or demonstrate prejudice.
• Lorenza Sessions v. State
  965 So. 2d 194· Fla. 4th DCA· 2007-08-29 ·cited 2×
  Lorenza Sessions was convicted of attempted first-degree murder and sentenced to life in prison. The Fourth District Court of Appeal reversed his conviction, finding that the trial court abused its discretion by denying his motion for continuance after granting his request to rep
• Jahmarley Boland v. State
  946 So. 2d 642· Fla. 4th DCA· 2007-01-24 ·cited 2×
  Jahmarley Boland was convicted of three counts of robbery with a firearm and one count of armed burglary while wearing a mask. The Florida Fourth District Court of Appeal reversed and remanded because the trial court abused its discretion by denying Boland's motion for a continua
• McCREERY v. Nita Darlene Fernandez
  882 So. 2d 498· Fla. 4th DCA· 2004-09-17 ·cited 2×
  The court held that the denial of a continuance due to pending felony charges, while potentially an error, is correctable on final appeal and thus not grounds for a petition for writ of certiorari.
• Martin v. Wilcox
  876 So. 2d 695· Fla. 1st DCA· 2004-06-29 ·cited 2×·via Continuance Of Hearing
  The trial court erred by denying the defendant's motion for rehearing on the settlement agreement without considering its merits.
• Mathews v. State
  870 So. 2d 36· Fla. 2d DCA· 2003-09-12 ·cited 2×
  Dwight Mathews appealed the trial court's summary dismissal of his Florida Rule of Criminal Procedure 3.850 postconviction motion for newly discovered evidence. The court reversed because the trial court had already determined the motion warranted an evidentiary hearing but then
• J.S. v. State
  796 So. 2d 1256· Fla. 4th DCA· 2001-10-17 ·cited 2×
  The Fourth District Court of Appeal reversed a revocation of a minor's community control, finding that the trial court committed a palpable abuse of discretion by denying the appointed public defender adequate time to prepare for the violation hearing. The court held that defense
• Pena v. State
  773 So. 2d 1184· Fla. 2d DCA· 2000-11-29 ·cited 2×
  Hector Pena appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel was unprepared and failed to investigate the case. The court reversed in part and remanded, finding that Pena's allegations regarding
• Palmer v. State
  752 So. 2d 665· Fla. 2d DCA· 2000-01-26 ·cited 2×·via Continuance Rulings
  William Palmer appeals his conviction for robbery with a firearm, armed burglary, aggravated assault, and petit theft arising from an armed robbery of a pizza store. The court found merit in Palmer's arguments that the trial court abused its discretion by denying him the opportun
• Powell v. Powell
  719 So. 2d 331· Fla. 4th DCA· 1998-08-19 ·cited 2×
  In a family law appeal, the Fourth District reversed the trial court's denial of a continuance motion in a dissolution of marriage proceeding where the pro se former wife received only one to two hours' notice of the final hearing, despite the trial date not being properly commun
• J.S. v. State
  711 So. 2d 1354· Fla. 3d DCA· 1998-06-17 ·cited 2×
  J.S., a juvenile, appealed his adjudication of delinquency and a $100 public defender's lien imposed without notice or opportunity for a hearing. The court affirmed the delinquency adjudication but reversed the lien imposition due to lack of proper notice, requiring the trial cou
• Manso v. State
  704 So. 2d 516· Fla.· 1997-11-20 ·cited 2×
  Gerardo Manso was convicted of one count of first-degree murder and four counts of attempted first-degree murder for shooting five coworkers from a rooftop, killing one and injuring two others. The Florida Supreme Court affirmed his convictions but reversed his death sentence bec
• United States Emp'rs Consumer Self-Insurance Fund v. Payroll Transfers, Inc.
  678 So. 2d 908· Fla. 2d DCA· 1996-08-28 ·cited 2×
  The receiver for a failed workers' compensation insurance fund appeals a summary judgment granted against it in a premium collection action. The Florida appellate court reverses, finding the trial court abused its discretion by denying the receiver's motion for continuance when t
• Campbell v. State
  624 So. 2d 842· Fla. 2d DCA· 1993-10-01 ·cited 2×
  Jimmy D. Campbell appeals the denial of his motion for postconviction relief based on alleged ineffective assistance of counsel for failing to investigate and produce crucial medical witnesses at trial. The court reverses and remands for an evidentiary hearing to determine whethe
• United States v. Alford
  999 F.2d 818· 5th Cir.· 1993-08-23 ·cited 2×
  The court held that the district court did not err in denying surrebuttal or a continuance, asserting jurisdiction over money laundering counts, finding sufficient evidence for money laundering, or failing to require a unanimous verdict on the means alleged in the money launderin
• B.K.F. v. State
  614 So. 2d 1167· Fla. 2d DCA· 1993-02-17 ·cited 2×
  The Florida District Court of Appeal reversed a juvenile's attempted burglary conviction because the trial court erred in refusing to allow the defense to proffer testimony from a missing alibi witness, denying the defendant an opportunity to preserve the issue for appellate revi
• U.S. Viggo, Inc. v. Loftis
  601 So. 2d 1314· Fla. 2d DCA· 1992-07-08 ·cited 2×
  U.S. Viggo, Inc. and The BOC Group, Inc. appealed a final judgment against them, while The BOC Group, PLC (an English corporation) also appealed. The court affirmed the judgment against the first two entities but reversed as to the English corporation, finding no personal jurisdi
• Rodell v. Gallagher
  583 So. 2d 768· Fla. 3d DCA· 1991-08-06 ·cited 2×
  Appellant Rodell, a real estate seller, appeals the trial court's denial of her motion for continuance in a case where buyers sought return of their $10,000 deposit after failing to secure financing. The court affirmed the judgment against Rodell, holding that denial of the conti
• Kelman v. Adolph H. Motta, M.D.
  564 So. 2d 147· Fla. 4th DCA· 1990-06-13 ·cited 2×
  Marvin Kelman appealed a jury verdict in favor of Dr. Adolph Motta in a medical malpractice case involving gallbladder surgery. The appellate court affirmed the judgment, finding no reversible error in the trial court's evidentiary rulings, jury instructions, or handling of pretr
• Henderson v. Dep't OF Pub. Safety & Corr.
  901 F.2d 1288· 5th Cir.· 1990-05-29 ·cited 2×
  The court held that the district court did not abuse its discretion in imposing Rule 11 sanctions and that the procedures used did not violate due process, as the attorney had ample notice and opportunity to be heard.
• Scott v. James
  902 F.2d 672· 8th Cir.· 1990-05-03 ·cited 2×
  The court affirmed the district court's judgment, holding that the plaintiff failed to demonstrate sufficient prejudice from defense counsel's improper remarks or other alleged errors to warrant a new trial.
• Paster v. Lynaugh
  876 F.2d 1184· 5th Cir.· 1989-06-27 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or unsupported by the record, and thus denied his motions for a certificate of probable cause and a stay of execution.
• United States v. Glaze
  866 F.2d 253· 8th Cir.· 1989-01-19 ·cited 2×
  The court affirmed the conviction, finding that the extensive media publicity did not inherently prejudice the jury and that there was sufficient evidence to support the verdict.
• Tuthill v. Anthony Dieguez, P.A.
  526 So. 2d 1045· Fla. 3d DCA· 1988-06-21 ·cited 2×
  Harold Tuthill, a pro se defendant confined in state prison, was awarded a default judgment in favor of Anthony Dieguez for unpaid legal fees. The appellate court reversed because no valid default could be entered once an answer was filed, and the trial court's contradictory orde
• Boggs v. Evitts
  818 F.2d 534· 6th Cir.· 1987-05-11 ·cited 2×
  The Sixth Circuit held that the petitioner failed to exhaust his state remedies regarding the constitutional challenge to the Kentucky Rule of Criminal Procedure, requiring dismissal of the habeas corpus petition.
• In re the Interest of L. McC.
  490 So. 2d 1346· Fla. 4th DCA· 1986-07-09 ·cited 2×
  A Florida appellate court reversed a dependency adjudication where the trial court denied the father's motion for continuance, leaving only three working days between the filing of the dependency petition and the final hearing. The court held this denial deprived the father of ad
• Foots v. State OF La.
  793 F.2d 610· 5th Cir.· 1986-06-18 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus petition because the prisoner failed to demonstrate flaws in his conviction or sentencing.
• Skaf v. Skaf
  487 So. 2d 1148· Fla. 4th DCA· 1986-04-23 ·cited 2×
  The appellate court affirmed the trial court's order dividing personal property, assessing storage costs, and awarding attorney's fees, finding no abuse of discretion.
• United States v. Pruett
  788 F.2d 1395· 8th Cir.· 1986-04-22 ·cited 2×
  The court held that denying the defendant's motion for a continuance due to the unforeseen absence of a material witness was prejudicial error.
• United States v. Bileck
  776 F.2d 195· 7th Cir.· 1985-10-31 ·cited 2×
  The court held that the trial court did not err in denying the defendant's motion for a continuance, nor in allowing the government to question its own witnesses about felony convictions.
• Mena v. State
  451 So. 2d 1012· Fla. 3d DCA· 1984-06-19 ·cited 2×·via Motion To Continue Trial
  Ruben Mena was convicted of first-degree murder and attempted first-degree murder. On appeal, Mena challenged the admissibility of his statements to police, the denial of a motion for judgment of acquittal, and the denial of a motion to continue trial and withdraw counsel. The ap
• Young v. Young
  431 So. 2d 233· Fla. 1st DCA· 1983-05-04 ·cited 2×·via Motion To Continue
  A husband appeals the trial court's denial of his motion to continue a child support modification hearing and the subsequent order increasing child support from $100 to $350 per month. The appellate court reversed, finding the trial court erred in denying the continuance where a
• Furman v. State
  429 So. 2d 763· Fla. 1st DCA· 1983-04-12 ·cited 2×
  Furman appeals the revocation of his probation, arguing that the trial court erred by denying him a continuance to secure private counsel. The appellate court affirmed the revocation, finding that the lower court did not abuse its discretion in denying continuances when the assig
• United States v. Minshew
  686 F.2d 250· 5th Cir.· 1982-09-02 ·cited 2×
  The court held that Minshew waived his contentions regarding a continuance and severance by failing to preserve them for review and by gambling on a favorable verdict. The court also found a jury instruction on consciousness of guilt harmless as to Minshew.
• United States v. la Monte
  684 F.2d 672· 10th Cir.· 1982-07-27 ·cited 2×
  The court held that the denial of a continuance, even when counsel was impressed into service on the day of trial, did not violate the defendant's Sixth Amendment right to effective assistance of counsel under these specific circumstances.
• Ramirez v. Estelle
  678 F.2d 604· 5th Cir.· 1982-06-18 ·cited 2×
  The court held that the petitioner waived his constitutional claim by failing to move for a continuance, and the absence of the witness's testimony did not result in prejudice.
• United States v. Ulland
  643 F.2d 537· 8th Cir.· 1981-03-12 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a continuance, that sufficient evidence supported the conviction, and that the admission of evidence of other acts was proper under Fed.R.Evid. 404(b).
• Swisher v. State
  389 So. 2d 1236· Fla. 1st DCA· 1980-11-13 ·cited 2×
  The court held that the appellant waived his speedy trial rights by moving for and being granted a continuance, which necessitated a delay for psychiatric evaluations.
• Knapp v. State
  370 So. 2d 38· Fla. 3d DCA· 1979-04-10 ·cited 2×
• United States v. Escamilla
  590 F.2d 187· 5th Cir.· 1979-02-26 ·cited 2×
  The court held that the trial court did not err in denying a motion for continuance for psychiatric examination of a witness, nor in its handling of coconspirator statements, and that sufficient evidence supported the convictions.
• McArthur Griffin v. State
  350 So. 2d 567· Fla. 3d DCA· 1977-10-11 ·cited 2×
  McArthur Griffin appealed the revocation of his probation, arguing the trial court denied him a fair hearing and effective assistance of counsel by refusing to grant a continuance. The appellate court affirmed the revocation, finding no abuse of discretion in the trial court's de
• Allen v. State
  346 So. 2d 1241· Fla. 1st DCA· 1977-06-17 ·cited 2×
  Florida appellate court reversed a burglary conviction because the trial court erred in denying a continuance motion when the state failed to respond to a discovery demand under criminal procedure rules.