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
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The court held that the defendant's pattern of willful, bad faith, and dilatory behavior, culminating in his failure to appear at a scheduled pretrial conference, warranted default judgment on the plaintiff's claims and dismissal of the counterclaim.
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Fla.·
2025-04-30
Jeffrey Hutchinson was convicted and sentenced to death for four murders committed in 1998. He challenged his competency to be executed under the Eighth Amendment, arguing that delusional beliefs about government conspiracy prevented him from rationally understanding the reasons
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Fla. 2d DCA·
2025-04-16
A trial court abuses its discretion in denying a continuance when a defendant demonstrates prior due diligence to obtain a critical expert witness's presence, the witness was available and willing to testify, and the denial causes material prejudice to the defendant's ability to
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404 So. 3d 570·
Fla. 3d DCA·
2025-01-08
Valer appeals a summary judgment granted in favor of Citizens Property Insurance Corporation in a property insurance claim dispute. The central issues are whether the trial court abused its discretion by denying Valer's motion for a continuance and by shifting the burden of proof
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A trial court does not abuse its discretion in dismissing criminal charges when the State refuses to proceed with trial without good faith reason, particularly where the State has previously consented to the trial format and later demands a change on the day of trial without seek
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Fla. 3d DCA·
2024-10-16
Carmen Hernandez appeals a final summary judgment granted in favor of her insurer, Heritage Property & Casualty Insurance Company, in a first-party homeowner's insurance benefits dispute. The court reverses the summary judgment because the trial court scheduled the hearing only f
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11th Cir.·
2024-07-12
The court held that it lacks jurisdiction to review the denial of a motion to remand for cancellation of removal, as it is a discretionary form of relief, and affirmed the BIA's denial of administrative closure or continuance.
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Fla. 3d DCA·
2024-06-26
Keith Williams appealed a trial court's denial of his Rule 3.850 motion seeking to withdraw his guilty plea to attempted murder and firearm charges based on allegedly newly discovered evidence. Williams challenged only the trial court's denial of his oral motion to continue an ev
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The Delaware Court of Chancery affirmed in part and reversed in part the Family Court's decision regarding property division and alimony. The court held that the separation agreement was unconscionable and set it aside. It also found that the wife was entitled to alimony due to h
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The trial court did not abuse its discretion in denying appellants' eve-of-trial motion to continue or in striking their causation experts for noncompliance with the pretrial order.
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The Florida Fourth District Court of Appeal reversed a trial court's discharge of a firearm possession charge, holding that the defendant waived his speedy trial right by filing a motion to continue the consolidated case after the 175-day speedy trial deadline had elapsed. The co
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In a copyright-infringement action, the court granted plaintiff's motion to strike defendant Studio 239 LLC's answer filed by its unrepresented principal Timothy Guerrette. The court held that while individuals may represent themselves pro se, non-natural entities such as LLCs mu
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Fla. 4th DCA·
2024-03-06
An appeal from denial of a motion to intervene in a termination of parental rights proceeding is moot when the termination judgment has been affirmed and the child's custody placed with the Department, making any granted relief impossible to effectuate.
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Fla. 3d DCA·
2024-02-28
A trial court's denial of a motion for continuance and remarks made during jury selection do not constitute fundamental error warranting reversal when the remarks do not directly express the judge's view on guilt or evidence credibility and the defense failed to proffer the natur
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S.D. Fla.·
2024-02-22
The petition is dismissed in part on procedural grounds and denied in part on the merits.
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Wesley Fox was convicted of robbing a PNC Bank in Florida while armed with a firearm and sentenced to thirty years imprisonment with a mandatory ten-year minimum. Fox's federal habeas petition challenging his conviction on multiple grounds—including denial of a trial continuance,
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Fla. 1st DCA·
2023-05-17
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Fla. 3d DCA·
2023-05-10
A trial court does not abuse its discretion in denying a continuance motion when the movant files the request one week before trial, has made multiple prior continuance requests, fails to provide a sworn proffer of testimony, and does not articulate a specific medical condition.
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Fla. 3d DCA·
2023-05-10
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Fla. 3d DCA·
2023-03-15
Summary judgment was properly granted for Citizens because Full Pro failed to timely submit opposing evidence under Florida Rule of Civil Procedure 1.510(c)(5), and even if a continuance were granted, Full Pro could not demonstrate that additional discovery would establish a genu
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Fla. 3d DCA·
2023-03-15
The appellate court affirmed a summary judgment in favor of an insurance company. The court found that the insured's assignee failed to present evidence of a covered loss due to Hurricane Irma, and also failed to comply with procedural rules for submitting evidence late in the su
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M.D. Fla.·
2023-02-27
The court granted in part and denied in part Plaintiff's motion to compel depositions, denied Plaintiff's motion for an order to show cause for contempt, and denied Defendant's motion for a continuance.
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S.D. Fla.·
2022-11-18
Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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S.D. Fla.·
2022-11-15
The court held that the petitioner's claims were either unexhausted, procedurally barred, or failed to meet the Strickland standard for ineffective assistance of counsel, and thus denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2022-11-14
Casie Lanee White, convicted of second-degree murder in 2015 with a life sentence, filed a federal habeas corpus petition challenging her conviction on eleven grounds, primarily alleging ineffective assistance of trial counsel. The district court denied all of her claims, finding
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Fla. 4th DCA·
2022-11-02
A defendant may assess a juror's credibility and demeanor during voir dire and trial while the juror wears a face mask, and there is no constitutional right requiring a defendant to see a juror's facial expression.
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The court denied defendants' motion to reschedule trial and reopen discovery, finding they lacked diligence and good cause. The court granted plaintiff's motion to set a trial date.
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Fla. 3d DCA·
2022-05-04
A trial court does not abuse its discretion in denying a continuance motion when the delay in completing a psychological report was solely attributable to the moving party, even when coupled with counsel withdrawal shortly before trial.
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A petition for writ of certiorari must be dismissed when the petitioner fails to establish irreparable harm, particularly where the trial court has provided an available remedy.
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A trial court abuses its discretion by denying a continuance to a pro se litigant when trial is set within an unreasonably short time from service of notice, particularly in a complex family law case involving multiple contested issues regarding minor children, asset distribution
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Wife appealed an Amended Final Judgment of Dissolution of Marriage, arguing that the trial court abused its discretion by denying her motions to continue the trial date. The appellate court reversed and remanded for a new trial, finding that the trial court failed to comply with
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The court held that the plaintiff's motion for partial summary judgment was premature because discovery had not yet occurred.
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The appellate court denied a wife's petition for a writ of prohibition, finding no judicial bias or due process violation in the trial court's handling of her motions for continuance and attorney's fees. The court emphasized the case's prolonged pendency and the wife's repeated r
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Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm offenses for a series of robberies targeting small businesses in Georgia, based on evidence including surveillance videos showing a distinctive pattern of conduct, ballistics matching a firearm
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Fla. 5th DCA·
2021-01-22
The court affirmed the conviction and concurrent life sentences, finding no error in the trial court's evidentiary sufficiency, denial of continuance, or rejection of ineffective assistance claims on direct appeal.
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Fla. 3d DCA·
2020-08-26
The appellate court reversed a summary judgment for the insurer, finding the trial court abused its discretion by denying the insured's motion for a continuance. The insured argued that crucial discovery requests remained outstanding and a motion to compel had not been heard.
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Fla. 5th DCA·
2020-06-19
A trial court does not abuse its discretion in denying a continuance request made one hour before a pretrial conference when the case has already been granted five continuances and involves a co-defendant, nor in denying a motion to withdraw a plea on counts where the defendant f
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The court held that a stay of litigation and continuance of trial deadlines were not warranted, as the plaintiff failed to demonstrate good cause or exceptional circumstances.
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Fla. 3d DCA·
2020-01-22
The appellate court reversed a trial court's sua sponte dismissal of a foreclosure case, finding the dismissal procedurally improper and based on a misapplication of precedent. The court held that the trial court erred by dismissing the case before any evidence was presented and
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Fla. 3d DCA·
2019-11-20
This case involves an appeal from a summary judgment of foreclosure. The appellate court affirmed the lower court's decision, finding that the appellants could not rely on a fraudulent satisfaction of mortgage to claim ownership free of a prior lien.
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270 So. 3d 555·
Fla. 1st DCA·
2019-05-13
A trial court does not abuse its discretion in denying a continuance when the defendant fails to show good cause for the delay or resulting prejudice.
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270 So. 3d 528·
Fla. 5th DCA·
2019-05-03
A trial court does not err in granting summary judgment when the non-moving party fails to act diligently in completing discovery and does not timely move for a continuance before the summary judgment hearing.
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Del. Fam. Ct.·
2019-04-04
The appellate court affirmed the trial court's decisions regarding property division, alimony, and attorney's fees. The court found that the trial court did not err in its equitable distribution of marital assets and debts, its determination of alimony, or its award of attorney's
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255 So. 3d 873·
Fla. 4th DCA·
2018-09-12
# Legal Brief
In *Fry v. Fry*, the Fourth District Court of Appeal of Florida affirmed the trial court's final parenting plan, including the timesharing schedule and delegation of decision-making authority to the former wife, holding that the trial court properly denied the appe
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253 So. 3d 623·
Fla. 4th DCA·
2018-08-08
The City of West Palm Beach challenged the South Florida Water Management District's approval of an environmental resource permit for a road extension project by FDOT and Palm Beach County, arguing the project would adversely impact Grassy Waters Preserve through nutrient loading
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When small quantities of drugs are found in a defendant's possession, courts require proof beyond the quantity alone—such as paraphernalia, scales, large amounts of cash, or observed drug sales activity—to establish intent to sell. The State failed to meet this burden where the c
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The court held that the trial court abused its discretion by denying a brief recess to secure a key defense witness, requiring reversal.
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Del.·
2017-01-20
The appellate court affirmed the trial court's judgment, finding no merit in the appellant's claims. The court held that the trial court did not abuse its discretion in denying the motion to dismiss counsel or the motion for a continuance. Furthermore, the court found no violatio
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Del. Super. Ct.·
2016-12-30
The Superior Court denied the defendant's numerous motions, including motions for judgment of acquittal, new trial, arrest of judgment, dismissal, and recusal. The court granted one motion to correct the docket to reflect the filing of a motion for judgment of acquittal. Several
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The court denied the father's motion for an emergency ex parte order, finding no evidence of immediate and irreparable harm to the children in the mother's home. The existing custody order was affirmed, with a minor modification to the father's weekday visitation schedule. The fa