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

• Gilroy v. Gilroy
  163 So. 3d 674· Fla. 2d DCA· 2015-04-29 ·via Continuance Request
  In this family law appeal, the Second District Court of Appeal reversed a trial court's child support modification award because the court erred in denying the husband's request for a continuance when the wife disclosed her financial affidavit only one day before trial. The court
• Velazquez v. State
  103 So. 3d 1039· Fla. 5th DCA· 2012-12-28 ·via Motion To Continue Trial
• Sascha Wlodyka v. Matthews
  126 So. 3d 1084· Fla. 4th DCA· 2012-04-18 ·via Continuance Of Hearing
  The court affirmed its prior decision, holding that summary judgment was properly granted despite incomplete discovery because the appellant failed to request a continuance or show good cause for the lack of discovery.
• State v. S.M.M.
  59 So. 3d 1210· Fla. 5th DCA· 2011-04-29 ·via Motion To Continue
  The appellate court held that the trial court did not abuse its discretion in dismissing the delinquency petition when the State repeatedly failed to produce witnesses for trial.
• Dickey v. Kitroser
  53 So. 3d 1182· Fla. 4th DCA· 2011-02-09 ·via Continuance Of Hearing
  In this wrongful death tort action arising from a fatal motor vehicle accident, the Fourth District Court of Appeal reversed summary judgment granted in favor of codefendant Bob's Barricades Inc., holding that fellow defendants Dale Dickey and Airgas Carbonic had standing to oppo
• In & for New Castle Cnty. Susan Anderson Ad Litem for Kayla Anderson Civil Action No.
  Del. Super. Ct.· 2010-03-05 ·via Continuance Of Trial
  The court granted the defendant's motion to preclude the first $15,000 of plaintiffs' damages under Delaware's no-fault law, finding that the child's injuries arose out of the use of the motor vehicle. The court also granted the defendant's motion to exclude a DVD taken years aft
• In & for New Castle Cnty. James Brady & Sarah Brady Civil Action No.
  Del. Super. Ct.· 2009-07-31 ·via Continuance Of Trial
  The court held that the impeachment evidence against witness Gary Noble is admissible, but the method of proof determines whether the motion to continue the trial is granted. If plaintiffs agree to the admission of the affidavits of probable cause into evidence, the trial will no
• Jones v. State
  9 So. 3d 1282· Fla. 2d DCA· 2009-05-27
  Michael Dale Jones appealed the denial of his motion for postconviction relief alleging ineffective assistance of counsel for failing to move for discharge upon expiration of the speedy trial period. The court reversed and remanded, holding that Jones's motion was legally insuffi
• Weber
  Del.· 2009-04-22
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's judgment. The Court reversed the conviction for Attempted First Degree Robbery, finding that the trial judge erred by refusing to instruct the jury on the lesser included offense of Offensive To
• Udell v. Udell
  998 So. 2d 1168· Fla. 2d DCA· 2008-12-17
  Barry Udell appealed a final judgment in a dissolution of marriage action after the trial court denied his emergency motion for continuance and proceeded with trial on short notice without him or a court reporter present. The appellate court reversed, finding the trial court abus
• Elieser Roque v. State
  987 So. 2d 188· Fla. 3d DCA· 2008-07-23 ·via Continuance Request
  Elieser Roque appeals his sentencing of thirty years incarceration imposed under a substantial assistance agreement after he failed to appear at a court hearing. The Third District Court of Appeal reverses and remands, holding that the trial court erred by denying a continuance t
• Allen v. United States
  563 F. Supp. 2d 1335· M.D. Fla.· 2008-06-10
  The court held that the petitioner's claims of mental incompetence, involuntary guilty plea, denial of continuance, and ineffective assistance of counsel were without merit.
• Allia M. Mojzisik v. Estrada
  983 So. 2d 699· Fla. 5th DCA· 2008-06-06
  The court sanctioned an attorney for repeated failures to comply with court orders regarding mediation, including failure to file a questionnaire, pay sanctions, appear at hearings, and attend mediation.
• State v. Purdy
  9th Cir. Ct. App. Div.· 2008-06-06 ·via Motion To Continue
  The State appealed the trial court's denial of a continuance and grant of a suppression motion in a DUI case where the arresting officer was delayed and unable to appear for a scheduled suppression hearing. The appellate court reversed, finding the trial judge abused its discreti
• Versiah M. Taylor v. State
  984 So. 2d 581· Fla. 1st DCA· 2008-06-02
  Versiah Taylor appealed a summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed denial of eight grounds but reversed the denial of four grounds raising ineffective assistance of counsel claims and reman
• Leverett Duane Smith v. State
  982 So. 2d 1241· Fla. 5th DCA· 2008-05-30
  Smith appeals the trial court's denial of his motion for a continuance based on his accident reconstruction expert's unavailability due to a family obligation. The court affirmed the denial, finding no abuse of discretion because Smith failed to demonstrate prejudice and did not
• Micic v. Adventist Health System/Sunbelt, Inc.
  976 So. 2d 1159· Fla. 5th DCA· 2008-03-14
• Tyrrell v. State
  975 So. 2d 615· Fla. 4th DCA· 2008-03-05
  James Tyrrell was charged with three counts of second-degree sexual battery but convicted by jury of two counts of the lesser included offense of misdemeanor battery. He appeals his conviction, raising multiple evidentiary and procedural challenges. The court affirms the convicti
• Huxley Petigny v. State
  963 So. 2d 891· Fla. 3d DCA· 2007-08-22
  Appellant's convictions for organized fraud and grand theft were reversed as to the organized fraud count due to double jeopardy violation, while his convictions for forgery, uttering a forged instrument, and simulating a legal process were affirmed; the trial court's denial of a
• Lonzo Taylor v. State
  958 So. 2d 1069· Fla. 4th DCA· 2007-06-13
  The trial court erred in denying the defendant's motion for continuance after the state amended the information on the day of trial, as the amendment was intrinsic to the charges and required defense adjustment.
• M.D.B. v. State
  952 So. 2d 590· Fla. 2d DCA· 2007-03-21
  When a probation revocation hearing is set for the same day as arraignment without prior notice, and defense counsel is given inadequate time to prepare, the juvenile court abuses its discretion in denying a continuance motion. Additionally, the court errs when it requires the pu
• Billy Earl Banks, Sr. v. State
  936 So. 2d 787· Fla. 4th DCA· 2006-09-06
  Affirmed convictions for rape with reversal of three counts due to double jeopardy violation; trial court did not abuse discretion in denying continuance motion.
• Petrena v. State
  914 So. 2d 999· Fla. 1st DCA· 2005-10-25
  Warren Scott Petrena was convicted of purchasing and conspiring to purchase a controlled substance. He appealed contending the trial court abused its discretion by failing to order a competency evaluation and hearing, and by denying his motion for continuance. The appellate court
• Mich. Nat'l Bank v. Ibis Landing Venture, Ltd.
  899 So. 2d 328· Fla. 4th DCA· 2005-02-23
  This case involves consolidated appeals from a real estate acquisition and development dispute. The appellate court reversed in part, finding the trial court abused its discretion by denying a continuance when MNB's trial counsel became ill, thus requiring a new trial on lost com
• Cummins v. Cummins
  891 So. 2d 637· Fla. 5th DCA· 2005-01-28
  The appellate court affirmed the trial court's judgment, finding no abuse of discretion in denying the husband's motion for continuance.
• Citrin v. de Venny
  893 So. 2d 590· Fla. 4th DCA· 2004-12-15
  This appeal arises from a motor vehicle accident trial where the trial court denied the plaintiff's motion for continuance based on his alleged inability to travel due to knee surgery needs and security concerns in New York. The Fourth District Court of Appeal affirmed the judgme
• D.F. v. Fla. Dep't of Child. & Fam. Servs.
  877 So. 2d 733· Fla. 3d DCA· 2004-04-21 ·via Continuance Of Trial
  D.F. appeals the termination of her parental rights to three children. The court reverses because the trial court abused its discretion by denying defense counsel's repeated requests for continuance on the final day of trial when D.F. was in federal custody and had been located o
• Gilbert v. State
  868 So. 2d 1282· Fla. 5th DCA· 2004-04-02
  The court held that the trial court did not err in denying the motion for continuance or in admitting testimony regarding other crimes, wrongs, or bad acts.
• Dolberg v. Sinkoff
  860 So. 2d 519· Fla. 4th DCA· 2003-12-03
  The court held that attorney's fees not previously determined cannot be included in a contempt purge amount. The denial of a continuance was affirmed.
• M.N. v. Dep't OF Child. & Families
  840 So. 2d 318· Fla. 4th DCA· 2003-02-12
• Wilson v. State
  820 So. 2d 1081· Fla. 4th DCA· 2002-07-17
  Albert Wilson was convicted of selling a controlled substance and cocaine possession. He appealed the trial court's denial of his motion for continuance to retain private counsel, arguing it violated his Sixth Amendment right to counsel of choice. The court affirmed, finding no a
• Skoller v. LAW Off. OF Donald N. Jacobson, P.A.
  818 So. 2d 661· Fla. 4th DCA· 2002-06-12
  In this appeal, the Fourth District Court of Appeal affirmed the trial court's denial of a motion for continuance filed by an unrepresented defendant who sought to postpone trial due to her husband's stroke and need for surgery. The court held that the trial judge did not abuse i
• CYR v. CYR
  815 So. 2d 731· Fla. 5th DCA· 2002-04-26
• J.T. and N.T. v. Dep't of Child. & Families
  800 So. 2d 692· Fla. 5th DCA· 2001-11-30
  Parents appealed an order terminating their parental rights, arguing the trial court erred in denying their counsel's request for a continuance when the parents failed to appear at the adjudicatory hearing. The court affirmed, holding that the parents received adequate notice, th
• Johnson v. Johnson
  779 So. 2d 620· Fla. 5th DCA· 2001-03-02
  In a divorce case involving a prenuptial agreement, the court held that a waiver of claims to premarital property does not waive the right to seek alimony based on income generated by that property. The trial court erred in denying the husband alimony based solely on his waiver o
• MacK v. Singletary
  142 F. Supp. 2d 1369· S.D. Fla.· 2001-01-03
  The court held that the trial court did not err in denying the motion to substitute counsel or the motion for continuance, and that the petitioner's other claims lacked merit.
• Ribel v. Ribel
  766 So. 2d 1185· Fla. 4th DCA· 2000-09-14 ·via Continuance Of Hearing
  A husband in a dissolution of marriage action sought a writ of certiorari to challenge the trial court's order rescheduling a domestic violence injunction extension hearing from September 8 to September 15, 2000. The court dismissed the petition, holding that the husband failed t
• Nigel Anthony Williams v. State
  763 So. 2d 1281· Fla. 3d DCA· 2000-08-23
• Watts v. State
  764 So. 2d 746· Fla. 2d DCA· 2000-07-07
  The court affirmed the revocation of probation and 60-month sentence but remanded for clarification of credit for time served, as the written sentencing memorandum did not reflect the trial court's oral pronouncement of credit.
• Digna Rose Medina v. State
  748 So. 2d 360· Fla. 4th DCA· 2000-01-05
  The trial court abused its discretion by denying a continuance to allow transcription of a key witness's deposition, thereby prejudicing the defendant's ability to cross-examine.
• State v. Vuguens Pierre-Louis
  741 So. 2d 1216· Fla. 4th DCA· 1999-09-29 ·via Continuance Of Hearing
  The trial court's dismissal of the case for lack of probable cause due to the victim's failure to appear was an unwarranted and harsh penalty.
• Plumpton v. Cont'l Acreage Dev. Co., Inc.
  743 So. 2d 554· Fla. 5th DCA· 1999-08-20
  The court held that an order granting a continuance, even if not initially docketed properly, constitutes record activity sufficient to preclude dismissal for failure to prosecute.
• Ellis v. State
  731 So. 2d 727· Fla. 2d DCA· 1999-03-24
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and that the defendant had notice of the State's intent to seek a habitual sentence.
• Giroux v. Ronald W. Williams Constr. Co., Inc.
  705 So. 2d 663· Fla. 1st DCA· 1998-01-27
  Troy Giroux appeals a summary judgment in his wrongful discharge claim under Florida's workers' compensation statute. The court reversed, holding that the trial court abused its discretion by denying Giroux's motion for continuance, which would have allowed him to depose coworker
• Bukowski v. State
  705 So. 2d 613· Fla. 2d DCA· 1997-12-24 ·via Continuance Request
  Appellant Bukowski appealed a restitution order entered after his no-contest plea to criminal charges. The court reversed the restitution order because the trial judge abused its discretion by forcing the continuation of a restitution hearing without counsel, despite the defendan
• Ross v. Dep't of Corr.
  669 So. 2d 1060· Fla. 5th DCA· 1996-02-09 ·via Motion To Continue
  William L. Ross, Jr. appeals the dismissal of his bid protest against the Department of Corrections' rejection of his proposal for office space. The court reversed and remanded because the hearing officer was misled by DOC counsel about Ross's reason for missing the hearing, depr
• Costa Broom Works, Inc. v. Feliciano
  660 So. 2d 345· Fla. 1st DCA· 1995-08-31
  The court held that the Judge of Compensation Claims (JCC) erred by denying a motion for continuance and holding a final hearing without ruling on pending discovery motions.
• United States v. Woods
  995 F.2d 713· 7th Cir.· 1993-06-07
  The court affirmed the conviction, holding that the district court did not abuse its discretion in denying a suppression hearing or a continuance, and that sufficient evidence supported the firearm conviction.
• Crown Life Ins. Co. v. Craig
  995 F.2d 1376· 7th Cir.· 1993-05-28 ·via Motion To Continue Trial
  The court affirmed the district court's judgment and sanctions, finding that Crown Life wilfully failed to comply with discovery orders and that the sanctions were proportionate to the violation.
• United States v. Wynne
  993 F.2d 760· 10th Cir.· 1993-05-18 ·via Motion To Continue Trial
  The court held that the defendant's statements were voluntary and not the product of custodial interrogation, and that the denial of continuances and other claims were without merit.