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

• United States v. Botello
  991 F.2d 189· 5th Cir.· 1993-05-10
  The court held that the district court did not err in instructing the jury on aiding and abetting, denying the motion to dismiss on double jeopardy grounds, denying the motion for continuance, or denying the motion to suppress evidence.
• United States v. Cole
  988 F.2d 681· 7th Cir.· 1993-02-24
  The court held that the district court did not abuse its discretion in denying the defendant's motions for withdrawal of counsel, continuance, and appointed counsel, nor did it err in calculating the sentence under the Sentencing Guidelines.
• United States v. Colon
  975 F.2d 128· 4th Cir.· 1992-09-15
  The court held that the district court abused its discretion by denying the government's motion for a brief continuance to locate a key witness, and this denial prejudiced the government's case.
• Carroll Childers v. Pumping Sys., Inc.
  968 F.2d 565· 5th Cir.· 1992-08-19
  The court held that there was no material breach of the Royalty Compensation Agreement, but the agreement is ambiguous regarding royalty calculation, requiring remand for determination of the parties' intent. The court also affirmed the district court's procedural rulings.
• Amarin Plastics, Inc. v. Md. CUP Corp.
  946 F.2d 147· 1st Cir.· 1991-10-08
  The court held that the jury verdict was supported by substantial evidence and that the trial court did not err in its evidentiary rulings or in denying continuances.
• Boynton v. State
  577 So. 2d 692· Fla. 3d DCA· 1991-04-09 ·via Continuance Request
  Rodney Boynton appealed his conviction for armed robbery, raising claims regarding the trial court's handling of his pro se motion to discharge court-appointed counsel and its denial of his request to call undisclosed witnesses. The Florida District Court of Appeal affirmed the c
• In the Interest of G.B. v. State
  576 So. 2d 889· Fla. 1st DCA· 1991-03-21
  The court held that the trial court abused its discretion by denying a motion for continuance without further inquiry into a discovery violation and potential conflict of interest.
• United States v. Burns
  898 F.2d 819· 1st Cir.· 1990-03-20
  A defendant is entitled to severance to obtain exculpatory testimony from a co-defendant if certain criteria are met, and denial of such severance can be grounds for reversal.
• Taylor v. State
  557 So. 2d 138· Fla. 1st DCA· 1990-02-13
  John Henry Taylor, Jr. appeals his first-degree felony murder conviction. The court reverses and remands for a new trial based on three critical errors: the trial judge's improper consideration of the truthfulness of allegations in Taylor's disqualification motion, the court's fa
• Twigg v. Norton Co.
  894 F.2d 672· 4th Cir.· 1990-01-29
  The court held that the jury's verdict against Norton was supported by sufficient evidence, but the railroad (B&O) was entitled to a new trial due to unfair surprise from a mid-trial change in the plaintiff's theory of liability.
• Marsh v. State
  559 So. 2d 1170· Fla. 4th DCA· 1990-01-10
  The court held that the revocation of pretrial bail was moot after conviction and that the defendant was not entitled to a new trial for denial of bail to procure a witness.
• United States v. Frankhauser
  878 F.2d 1571· 1st Cir.· 1989-07-14 ·via Continuance Of Trial
  The court held that the district court did not err in severing the appellant's trial, denying a lengthy continuance, or in refusing to grant a new trial based on alleged withholding of exculpatory material.
• Berens v. Honorable Wayne L. Cobb
  539 So. 2d 24· Fla. 2d DCA· 1989-03-03 ·via Motion To Continue Trial
  Petitioner Berens sought writs of mandamus and prohibition against a circuit judge who refused to hear motions to dismiss, set aside default, and continue trial before a scheduled jury trial. The appellate court granted the mandamus petition, directing the judge to hear and rule
• Harris v. The Honorable Leroy H. MOE
  538 So. 2d 145· Fla. 4th DCA· 1989-02-15
  Harris was arrested on charges including trafficking in cocaine, but the state initially failed to perfect probable cause. After refiling charges based on a codefendant's statement, the state failed to timely notify Harris of the new charges and provided discovery materials only
• Isador Isaac Appell v. Coker
  538 So. 2d 530· Fla. 4th DCA· 1989-02-15
• United States v. Feather
  865 F.2d 169· 8th Cir.· 1989-01-03
  The court held that the trial court did not abuse its discretion in denying a continuance for investigation of a newly discovered diary and in admitting the diary as a prior consistent statement.
• United States v. Bercier
  848 F.2d 917· 8th Cir.· 1988-06-09
  The court held that the district court did not abuse its discretion in denying the motion for a continuance, and that federal courts do not recognize the physician-patient privilege in federal criminal proceedings.
• Castaneda v. U.S. Dep't OF Just.
  828 F.2d 501· 8th Cir.· 1987-09-15
  The court held that the district court's order affirming the INS's declaration of forfeiture was not final and conclusive on the issues, and that the INS had complied with the remand order.
• McKENZIE Constr., Inc. v. Desmond L. Maynard
  823 F.2d 43· 3d Cir.· 1987-07-07 ·via Continuance Of Trial
  A contingent fee agreement, reasonable when entered into, remains enforceable even if subsequent events make the fee appear high, provided the client has not proven the fee became unreasonable through changed circumstances or attorney misconduct.
• DeATLEY v. McKINLEY
  497 So. 2d 962· Fla. 1st DCA· 1986-11-18
  The DeAtleys appeal a summary judgment against them on a mortgage note. The appellate court reversed, holding that the trial court abused its discretion by denying their motions for continuance and relief from admissions, and by failing to consider affirmative defenses they raise
• State v. DEL RIO
  483 So. 2d 478· Fla. 3d DCA· 1986-02-11
• Beard v. A.L. Lockhart
  779 F.2d 23· 8th Cir.· 1985-12-06
  The court held that the brief handling of a firearm was sufficient evidence to revoke probation and that the denial of a continuance for new counsel did not violate the appellant's Sixth Amendment rights.
• Rodriguez v. Allied Universal Corp.
  473 So. 2d 1351· Fla. 3d DCA· 1985-07-16
  A jury returned a verdict for the plaintiff in a personal injury action. The trial court granted defendants a new trial on the ground that it had erred in denying their motion for continuance on the eve of trial. The appellate court reversed, holding that the trial court's denial
• Andre Pirio Assocs., Inc. v. Parkmount Props., Inc., N.V.
  453 So. 2d 1184· Fla. 2d DCA· 1984-08-10
  Andre Pirio Associates sought to enforce a real estate contract and filed a lis pendens. The trial court ordered a $200,000 bond to maintain the lis pendens based on inadequate evidence and a rushed procedural schedule. The appellate court quashed the bond order as an abuse of di
• Marshall v. State
  440 So. 2d 638· Fla. 1st DCA· 1983-11-16
  The trial court abused its discretion by denying a motion for continuance when court-appointed experts indicated they needed more information and further observation to determine the defendant's competency to stand trial.
• Varner v. State
  436 So. 2d 407· Fla. 1st DCA· 1983-08-19
  Varner, convicted of robbery with a firearm and attempted first degree murder, appealed on grounds that the trial court erred in allowing him to represent himself pro se and in failing to grant a continuance. The court affirmed, holding that Varner knowingly and intelligently wai
• Gill v. Gill
  431 So. 2d 690· Fla. 1st DCA· 1983-05-12
  In a divorce case, the husband appeals a final judgment awarding the wife lump sum alimony in the form of registered purebred horses and equipment, and $3,996.00 for medical expenses and telephone charges, while he received a pickup truck. The husband challenges both the trial co
• United States v. Clark
  701 F.2d 68· 8th Cir.· 1983-03-03
  The court held that the trial court did not err in denying the defendant's motions to dismiss the indictment, for a mistrial, for a continuance, or in refusing a specific jury instruction.
• Willingham v. Trailways, Inc.
  697 F.2d 994· 11th Cir.· 1983-02-10
  The court held that the trial judge's private remark about a potential settlement, even if overheard by the jury venire, did not warrant a continuance, and that the jury instructions adequately covered the duty to stop safely during a left turn.
• Jarzem v. Bierhaus
  415 So. 2d 88· Fla. 4th DCA· 1982-06-09 ·via Continuance Of Trial
  A husband sought to reverse a dissolution of marriage judgment that returned property to his wife after the trial court found he fraudulently induced marriage to acquire her assets while concealing his true intent and actual ability to engage in sexual relations. The appellate co
• Bryant William Bowles, Jr. v. State
  414 So. 2d 236· Fla. 4th DCA· 1982-05-05
  Bowles appealed his drug trafficking conviction, challenging the constitutionality of the trafficking statute, the legality of the search and seizure, the admission of his oral statement, the denial of his continuance motion, and jury instructions. The appellate court affirmed th
• Ware v. Ware
  394 So. 2d 235· Fla. 1st DCA· 1981-02-27
  William Ware appealed a final judgment dissolving his marriage and awarding alimony to his wife. The court affirmed the judgment, finding no abuse of discretion in the trial judge's denial of a continuance motion or in the alimony award.
• Dome Condo. Ass'n, Inc. v. Goldenberg
  371 So. 2d 581· Fla. 3d DCA· 1979-06-05 ·via Motion To Continue
• State v. Bryant
  48 Fla. Supp. 70· Palm Beach Cty. Cir. Ct.· 1978-09-18
  In a first-degree murder case, the Palm Beach County Circuit Court denied the defendant's motion to dismiss the indictment and quash the jury panel on constitutional grounds, rejecting her argument that Florida's jury selection statute (§ 40.01(1)) systematically excluded blacks,
• Williams v. State
  359 So. 2d 552· Fla. 3d DCA· 1978-06-06
  The court held that the denial of the appellant's motion for a continuance of the probation revocation hearing did not constitute a denial of due process.
• United States v. Young
  573 F.2d 1137· 9th Cir.· 1978-04-26
  The court affirmed the conviction and sentence, finding sufficient evidence, proper admission of prior bad acts testimony, no abuse of discretion in denying a continuance, and a lawful sentence based on post-conviction events.
• Rollins v. Wyrick
  574 F.2d 420· 8th Cir.· 1978-04-11
  The denial of a motion for continuance did not violate a defendant's constitutional right to a fair and impartial jury, even with pretrial publicity and a coinciding referendum, because the record did not show prejudice.
• United States v. Kelly
  569 F.2d 927· 5th Cir.· 1978-03-20
  The court held that the evidence was sufficient to support the conviction under 18 U.S.C. § 2314, and that the trial court did not err in its rulings on jury instructions, continuances, severance, attorney-client privilege, or mistrials.
• Quackenbush v. Quackenbush
  47 Fla. Supp. 66· Palm Beach Cty. Cir. Ct.· 1978-01-12
  In this family law modification case, the trial court reviewed a special master's report on petitions to modify a 1976 final dissolution decree. The court confirmed the master's recommendation to increase child support for a child with serious health conditions, partially confirm
• Elmore v. State
  347 So. 2d 776· Fla. 3d DCA· 1977-06-21
• Davis v. State OF Ala.
  545 F.2d 460· 5th Cir.· 1977-01-14
  The court held that the denial of the motion for a continuance raised a substantial claim of ineffective assistance of counsel requiring an evidentiary hearing, but the denial of the motion for a mental examination did not violate federal constitutional rights regarding competenc
• Shelburne Winfree v. State
  313 So. 2d 431· Fla. 4th DCA· 1975-06-06
• Lewis v. State
  298 So. 2d 469· Fla. 3d DCA· 1974-07-16
  Larry Wayne Lewis was convicted by jury of assault with intent to commit rape and sentenced to 8 years. He appealed claiming the trial court erred by denying his motion for continuance when the prosecutor failed to comply with discovery rules, but the court affirmed, finding no a
• Jennings v. Louie L. Wainwright
  486 F.2d 1041· 5th Cir.· 1973-11-12
  The court held that the appellant was not entitled to federal habeas corpus relief based on the grounds presented.
• Application of Shoemaker
  38 Fla. Supp. 162· Fla. P.S.C.· 1973-04-25
  The Florida Public Service Commission approved the transfer of a motor carrier certificate for road aggregates from J.T. Shoemaker to Siboney Trucking Company, rejecting protestants' procedural challenges and finding the certificate was neither dormant nor that the transfer would
• Green v. State
  271 So. 2d 33· Fla. 3d DCA· 1972-12-15
• United States v. Ollary
  466 F.2d 545· 4th Cir.· 1972-09-11
  The court held that the trial court did not err in denying the defendant's motions for continuance, judgment of acquittal, and a new trial, nor in its jury instructions.
• Browning v. State
  264 So. 2d 850· Fla. 3d DCA· 1972-07-18 ·via Continuance Of Trial
  The court held that no prejudicial error was shown in either conviction.
• Kennedy v. State
  261 So. 2d 862· Fla. 3d DCA· 1972-05-16
  The court held that the trial court did not commit reversible error by proceeding without the Grand Jury transcript, by hearing a motion to suppress at trial, or by instructing the jury on lesser included offenses.
• Grant v. State
  261 So. 2d 519· Fla. 3d DCA· 1972-05-02
  The court held that the trial court did not err in denying the motion to vacate the judgment and sentence, as the issues raised were either previously decided or not valid grounds for relief.