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

• Greenville Noble v. Black
  539 F.2d 586· 6th Cir.· 1976-07-23 ·cited 2×
  The court held that the circumstances surrounding the defendant's case created sufficient doubt as to his competence to stand trial, requiring further inquiry, and affirmed the District Court's denial of habeas corpus with a reservation for the petitioner to file in state court.
• Nat'l Labor Relations Bd. v. Hackenberger
  531 F.2d 364· 6th Cir.· 1976-03-09 ·cited 2×
  The Court holds that the National Labor Relations Board's findings of unfair labor practices are supported by substantial evidence and its order should be enforced.
• United States v. Winfred Wade Payne
  529 F.2d 1353· 8th Cir.· 1976-01-20 ·cited 2×
• Peters v. Kiff
  491 F.2d 967· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the denial of a continuance was not an abuse of discretion and that the evidence presented did not establish a prima facie case of systematic jury discrimination.
• Marguarite Marshall v. Marshall
  273 So. 2d 107· Fla. 3d DCA· 1973-01-17 ·cited 2×
  Wife appealed a final judgment in a divorce case, challenging the denial of permanent alimony, denial of a continuance motion, and the trial court's failure to retain jurisdiction over future alimony claims. The appellate court affirmed the denial of permanent alimony but reverse
• Bryant v. United States
  468 F.2d 812· 8th Cir.· 1972-11-03 ·cited 2×
  The court held that a hearing is necessary to determine if the appellant was mentally incompetent at the time of his trial, as this issue was not conclusively resolved by the existing record.
• United States v. Ross
  464 F.2d 1278· 9th Cir.· 1972-07-17 ·cited 2×
  The court held that the defendants' claims of delay, misjoinder, and procedural errors were without merit, and the evidence was sufficient to support the convictions.
• Shelton v. Beto
  460 F.2d 1234· 5th Cir.· 1972-05-16 ·cited 2×
  The court held that the petitioner's claims did not raise federal constitutional questions and affirmed the denial of habeas corpus relief.
• United States v. Clark
  456 F.2d 1375· 10th Cir.· 1972-03-03 ·cited 2×·via Continuance Rulings
  The court held that the trial court did not err in denying motions for separate trials or continuances, and that the evidence was sufficient to support the jury's verdicts of guilty for mail fraud.
• Bastida v. Hon. Matthew S. Braniff
  444 F.2d 396· 5th Cir.· 1971-06-07 ·cited 2×
  The appellate court affirmed the grant of the writ of habeas corpus but vacated the injunctive order preventing specific state officials from participating in a retrial.
• Kimball v. United States
  437 F.2d 921· 8th Cir.· 1971-02-16 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a continuance and that any error in admitting evidence of car keys was harmless beyond a reasonable doubt.
• Thomas v. State
  243 So. 2d 200· Fla. 2d DCA· 1971-01-20 ·cited 2×
  Arthur Thomas Jr. was convicted of three narcotic law violations after a jury trial in which the trial court denied his motion for continuance. On appeal, the court reversed the convictions because the trial court abused its discretion by denying the continuance when key witness
• Weinreich v. United States
  414 F.2d 279· 9th Cir.· 1969-07-18 ·cited 2×
  The court held that the petitioner failed to present factual matters requiring a hearing and that the grounds urged were either waived or previously decided adversely.
• United States v. Thrower
  394 F.2d 510· 4th Cir.· 1968-04-29 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motions for continuance.
• The State OF Tex. v. Whittington
  391 F.2d 905· 5th Cir.· 1968-03-29 ·cited 2×
  The court held that the district court erred in granting the writ of habeas corpus, as the prisoner was not denied due process or effective assistance of counsel.
• United States v. Olander Tuck
  380 F.2d 857· 2d Cir.· 1967-07-27 ·cited 2×
  The court held that the government accorded reasonable cooperation in securing the informant's appearance and that the trial judge did not err in denying motions for a continuance or mistrial, nor did he violate the appellant's constitutional rights.
• Andrews v. Murphy
  349 F.2d 114· 6th Cir.· 1965-07-30 ·cited 2×
  The court held that a state judge is immune from suit under 42 U.S.C. § 1983 and that there was no evidence of racial discrimination in the state court's dismissal of the plaintiff's case.
• Cash v. Murphy
  339 F.2d 757· 5th Cir.· 1964-12-11 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a motion for continuance or a motion for a new trial.
• United States v. Coleman
  272 F.2d 108· 2d Cir.· 1959-12-03 ·cited 2×
  The court held that the defendants' convictions for tax evasion were supported by sufficient evidence and that the trial court did not err in its procedural rulings.
• Lewis v. Territory of Hawaii
  210 F.2d 552· 9th Cir.· 1954-02-20 ·cited 2×
  The court held that the appellant was not denied due process, as the record did not affirmatively show such denial and the contention regarding insufficient time for counsel was abandoned.
• Boyle v. United States
  149 F.2d 201· 9th Cir.· 1945-05-08 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a continuance or recess, and in denying a motion for production of documents.
• Lewis v. State
  153 Fla. 836· Fla.· 1943-12-17 ·cited 2×
  Henry Lewis appealed his conviction, arguing the trial court erred in denying his motion for continuance. The Florida Supreme Court affirmed the conviction, finding the continuance motion was procedurally defective and untimely filed, and that the evidence of guilt was convincing
• Brain v. State
  91 Fla. 1026· Fla.· 1926-06-02 ·cited 2×
  Julian C. Brain was convicted of murder in the second degree after being informed against by the County Solicitor, despite a grand jury indictment for manslaughter only. The Florida Supreme Court affirmed the conviction, holding that the acts of a county solicitor and grand jury
• Santiago v. State
  395 So. 3d 667· Fla. 2d DCA· 2024-10-16 ·cited 1×
  Jeffrey Santiago was convicted of aggravated battery and witness tampering. The trial court denied Santiago's motion for continuance when the State added a witness tampering charge five days before trial. The appellate court reversed the witness tampering conviction due to the tr
• Andres v. State
  404 So. 3d 448· Fla. 3d DCA· 2023-08-02 ·cited 1×
  A trial court does not abuse its discretion by refusing to appoint a third expert to resolve conflicting competency evaluations, as the trial court must independently determine competency based on expert testimony and the record, and competency determinations supported by substan
• State v. Bercaw
  363 So. 3d 124· Fla. 1st DCA· 2023-06-14 ·cited 1×
  The appellate court reversed a trial court's denial of a continuance for a suppression hearing. The State sought the continuance because the subpoenaed officer, who made the stop, failed to appear. The court found the denial was an abuse of discretion, leading to the suppression
• Dussan v. Ahmed EL Zoghbi
  359 So. 3d 388· Fla. 3d DCA· 2023-04-05 ·cited 1×
  The appellate court reversed a trial court's denial of a mother's motion for continuance and exclusion of her exhibits in a paternity action. The court found that the combined rulings created an injustice and deprived the mother of a meaningful opportunity to present her case, pa
• Wilmington Tr., N.A. v. Serpa
  346 So. 3d 1218· Fla. 3d DCA· 2022-05-18 ·cited 1×
  Wilmington Trust sought to foreclose on property owned by the Serpas for nonpayment of a promissory note and mortgage. The trial court granted the Serpas' motion for involuntary dismissal based on Wilmington's failure to pay documentary stamp taxes on the loan modification agreem
• Fla. Peninsula Ins. Co. v. Newlin
  273 So. 3d 1172· Fla. 2d DCA· 2019-06-12 ·cited 1×
  The trial court did not abuse its discretion in overruling Florida Peninsula's objection to Mr. Newlin's testimony about finding limestone rocks on his adjacent property, nor did it abuse its discretion in denying Florida Peninsula's motion for new trial. The Binger factors are d
• Kens Carter Jeancharles v. Dept. of Revenue
  273 So. 3d 1006· Fla. 4th DCA· 2019-05-15 ·cited 1×
  A father appeals an administrative child support order, challenging the denial of his motion for a thirty-day continuance to obtain legal counsel before the hearing. The court reverses, holding that the ALJ abused its discretion by summarily denying the father's first and only re
• Schwartz v. Bank of Am., N.A.
  267 So. 3d 414· Fla. 4th DCA· 2019-03-06 ·cited 1×
  In this foreclosure appeal, appellants challenged a summary judgment of foreclosure against Bank of America, N.A., arguing that material issues of fact remained regarding fraud in the endorsement of the promissory note and that the bank lacked standing because the original note h
• 1385 Starkey v. Superior Fence & Rail of Pinellas Co., Inc.
  Fla. 2d DCA· 2019-01-18 ·cited 1×·via Motion To Continue Trial
  Starkey, an administratively dissolved LLC, was precluded from participating in trial by the trial court, resulting in a default judgment in favor of Superior Fence on a civil theft claim. The court reversed, holding that the trial court abused its discretion by denying Starkey's
• Wilson v. State
  261 So. 3d 723· Fla. 1st DCA· 2018-12-18 ·cited 1×·via Continuance Request
  Kerry Wilson appeals his convictions for burglary with assault and armed robbery, challenging the trial court's decision to allow the State's expert witness to testify regarding cell phone records without proper disclosure. The court reversed and remanded for a new trial, finding
• Y.G. v. Dep't of Child. & Families
  246 So. 3d 509· Fla. 1st DCA· 2018-05-03 ·cited 1×
  When a parent executes a valid consent to adoption and the prospective adoptive parent files a motion to intervene, the trial court must grant a continuance of the termination of parental rights trial to conduct the required best-interests hearing under section 63.082(6), as the
• Rodrigo Daher v. Pacha NYC
  194 So. 3d 456· Fla. 3d DCA· 2016-05-25 ·cited 1×
  Rodrigo Daher appealed the dismissal of his assault and battery case against Pacha NYC for failure to appear at trial. The court reversed, holding that the trial court abused its discretion by denying his motion for continuance when his absence was due to unavoidable visa delays
• Puglisi v. State
  56 So. 3d 787· Fla. 4th DCA· 2010-12-22 ·cited 1×
  Vincent Puglisi was convicted of first-degree murder and armed robbery for his role in the murder and robbery of Alan Shalleck on February 5, 2006. On appeal, Puglisi challenged the trial court's denial of his motion to suppress statements, refusal to allow him to call his co-def
• Wolf Weinhold & Wolf Weinhold & Co. v. Kabe Planungsgesellschaft FUR Schlusselfertiges Bauen MBH
  50 So. 3d 718· Fla. 2d DCA· 2010-12-17 ·cited 1×
  Wolf Weinhold and his company challenged a trial court's confirmation of arbitration awards against them. The Florida appellate court reversed because the trial court abused its discretion by denying Weinhold's emergency motion for continuance based on documented head injuries fr
• Torres v. MK Tours, Inc.
  10 So. 3d 672· Fla. 3d DCA· 2009-04-22 ·cited 1×
• Dingess v. State
  8 So. 3d 444· Fla. 5th DCA· 2009-04-03 ·cited 1×
• Smith v. State
  873 So. 2d 1289· Fla. 1st DCA· 2004-06-07 ·cited 1×
  Robert Leroy Smith appealed his convictions for robbery, aggravated battery, burglary, grand theft auto, and felony driving with suspended license. The court found two reversible errors: the trial court improperly reclassified an aggravated battery conviction as a first-degree fe
• Sorge v. State
  834 So. 2d 268· Fla. 1st DCA· 2002-12-04 ·cited 1×
  Henry Sorge was convicted of first-degree murder of his ex-girlfriend. On appeal, he challenged the trial court's denial of a continuance to evaluate his sanity at the time of the offense and the denial of a motion for judgment of acquittal based on insufficient evidence of preme
• Hemesath v. State
  732 So. 2d 496· Fla. 1st DCA· 1999-05-27 ·cited 1×
  William Hemesath was found in direct criminal contempt for allegedly committing perjury during testimony in a domestic violence injunction proceeding. The appellate court reversed because the trial court abused its discretion by denying defense counsel's motion for a continuance
• Kabick v. Kabick
  485 So. 2d 13· Fla. 3d DCA· 1986-03-11 ·cited 1×
  In a marriage dissolution action, the appellate court reversed the trial court's post-judgment order and remanded the case because the trial court erred in denying appellant's motion for continuance filed by her counsel, a Florida State Senator, who was required to attend a legis
• Thomas (Fred Phillip) Roush v. State
  413 So. 2d 15· Fla.· 1982-04-08 ·cited 1×
  The Florida Supreme Court upheld the constitutionality of section 812.035 of the Florida Statutes, which provides civil remedies for violations of the Anti-Fencing Act, and affirmed a circuit court's order enjoining and seizing property of a transmission repair business engaged i
• Hofmeister v. State
  381 So. 2d 352· Fla. 5th DCA· 1980-03-26 ·cited 1×
  Curtis Bell Hofmeister was charged with felony marijuana possession. He moved to suppress evidence and objected to trial based on the state's alleged discovery violations. The court denied both motions, and Hofmeister pled nolo contendere with a conditional appeal. The appellate
• Alphonso Williams v. State
  296 So. 2d 578· Fla. 1st DCA· 1974-06-27 ·cited 1×
  Alphonso Williams appealed the trial court's denial of his motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.850, raising five grounds for post-conviction relief. The appellate court affirmed the denial, finding each claim either procedurally defic
• Council Tilly, Jr. v. State
  256 So. 2d 547· Fla. 3d DCA· 1972-01-18 ·cited 1×
• Simon v. State
  Fla. 6th DCA· 2026-05-08 ·via Continuance Rulings
  A trial court does not abuse its discretion in denying a continuance to obtain witnesses when the defendant fails to request such continuance at trial and fails to establish prior diligence, substantially favorable testimony, witness availability and willingness, and material pre
• Dieuline Alerte v. Wilny Decaus
  Fla. 4th DCA· 2026-04-22
  A trial court abuses its discretion in denying a motion for continuance when the underlying reason is an unforeseeable event, advance notice is provided, no dilatory conduct appears, and the opposing party would suffer no prejudice.
• Jordan v. State
  Fla. 2d DCA· 2026-03-25
  The appellate court reversed a conviction because the trial court abused its discretion by denying a continuance for the defendant to retain private counsel and failed to conduct a required Faretta inquiry when the defendant expressed a desire to represent himself. The court foun