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

• Webb v. Dresser Indus.
  536 F.2d 603· 5th Cir.· 1976-08-04 ·cited 19×
  The court held that the shipowner's failure to provide adequate footwear for a seaman ordered ashore in icy conditions constituted unseaworthiness, but remanded for a determination of the seaman's comparative negligence.
• United States v. Dilworth
  524 F.2d 470· 5th Cir.· 1975-12-08 ·cited 19×
  The court held that a trial judge is not required to personally inquire into a defendant's vague dissatisfaction with counsel when the motion appears to be a pretext for delay and the defendant's desired counsel is present at a hearing.
• United States v. Allen
  522 F.2d 1229· 6th Cir.· 1975-09-02 ·cited 19×
  The court held that the trial judge did not abuse discretion in denying a continuance, that Miranda warnings were not required for statements made during a civil audit, and that various evidentiary rulings were proper.
• Smith-Weik Mach. Corp. v. Murdock Mach. & Eng'g Co.
  423 F.2d 842· 5th Cir.· 1970-03-30 ·cited 19×
  The court held that the trial court abused its discretion by denying the defendant's motion for a continuance based on the principal counsel's illness, which severely prejudiced the defendant.
• Norvin E. Powell, III v. United States
  420 F.2d 799· 9th Cir.· 1969-12-24 ·cited 19×
  The court held that the trial court did not abuse its discretion in denying a continuance and that there was sufficient evidence to support the jury's finding of guilt, precluding entrapment as a matter of law.
• A.P.D. Holdings, Inc. v. Reidel
  865 So. 2d 682· Fla. 4th DCA· 2004-02-18 ·cited 18×
  A.P.D. Holdings, Inc. appeals the trial court's order dissolving a writ of attachment against property owned by Rachel Reidel. The appellate court reversed, holding that the trial court abused its discretion by denying APD's motion to continue the hearing on the dissolution motio
• United States v. Parris Raymond Jefferson
  974 F.2d 201· D.C. Cir.· 1992-09-15 ·cited 18×
  The court held that a jury could not reasonably find beyond a reasonable doubt that the defendant possessed his weapon for the purpose of protecting his drug possession activity.
• United States v. Miller
  907 F.2d 994· 10th Cir.· 1990-07-05 ·cited 18×
  The court affirmed both the conviction for making false statements and the denial of the motion to vacate the conviction based on ineffective assistance of counsel.
• Robinson v. State
  561 So. 2d 419· Fla. 1st DCA· 1990-05-14 ·cited 18×·via Continuance Rulings
  The First District Court of Appeal reversed Robinson's cocaine sale conviction because the trial judge abused her discretion by denying his motion for continuance when a crucial defense witness failed to appear despite being properly subpoenaed. The court held that where a defend
• Weller v. State
  501 So. 2d 1291· Fla. 4th DCA· 1986-08-13 ·cited 18×
  Patrick Weller was convicted of trafficking and conspiracy to traffic in cocaine. The Fourth District Court of Appeal affirmed the trafficking conviction but reversed the conspiracy conviction, holding that the trial court erred by failing to instruct the jury on lesser included
• Bhima Nathubhai Patel v. United States Immigr. & Naturalization Serv.
  803 F.2d 804· 5th Cir.· 1986-05-28 ·cited 18×
  The court held that proceeding with a deportation hearing in absentia does not violate due process if the alien had a reasonable opportunity to attend and failed to show reasonable cause for absence or substantial prejudice.
• Sturgeon v. Airborne Freight Corp.
  778 F.2d 1154· 5th Cir.· 1985-12-26 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the motion for continuance and dismissing the case for want of prosecution.
• Outdoor Resorts AT Orlando, Inc. v. Hotz Mgmt. Co., Inc.
  483 So. 2d 2· Fla. 2d DCA· 1985-09-18 ·cited 18×
  Outdoor Resorts sought a writ of certiorari to overturn the trial court's denial of a motion for continuance based on the unavailability of a key witness undergoing surgery for lung and throat cancer. The appellate court granted the petition, finding that the witness's critical r
• United States v. Terrell
  754 F.2d 1139· 5th Cir.· 1985-02-14 ·cited 18×
  The court affirmed the conviction, finding no reversible error in the net worth calculation, jury instructions, or evidentiary rulings.
• United States v. Wirsing
  719 F.2d 859· 6th Cir.· 1983-10-10 ·cited 18×
  The court held that the district court abused its discretion by denying the defendant's motion for severance of the conspiracy and tax evasion charges, as the joinder prejudiced the defendant's right to a fair trial.
• Williams v. Martin
  618 F.2d 1021· 4th Cir.· 1980-03-06 ·cited 18×
  The dissenting judge believes the trial judge was not at fault for the due process violation, but rather ineffective assistance of counsel was the cause.
• Lyles v. State
  312 So. 2d 495· Fla. 1st DCA· 1975-05-16 ·cited 18×
  The court held that the search was reasonable under the circumstances and the trial court did not err in denying the motion to suppress, nor in denying the motion for continuance.
• United States v. Hamilton
  492 F.2d 1110· 5th Cir.· 1974-04-19 ·cited 18×
  The court held that the trial court did not abuse its discretion in denying motions for continuance and severance, nor in refusing a tendered guilty plea, and that sufficient evidence supported the jury's verdict.
• United States v. Casey
  480 F.2d 151· 5th Cir.· 1973-06-12 ·cited 18×
  The district court did not err in denying the defendant's motion for a continuance to obtain counsel.
• United States v. Beaty
  465 F.2d 1376· 9th Cir.· 1972-08-11 ·cited 18×
  The court held that while the denial of the motion to inspect jury selection records was error, it did not warrant reversal of the conviction. The case was remanded for inspection and a potential jury challenge motion.
• United States v. Fairchild
  435 F.2d 972· 10th Cir.· 1970-12-29 ·cited 18×
  The court held that the trial court did not err in denying motions for continuance, severance, or election between counts, nor in its handling of defendant statements or sufficiency of evidence.
• United States v. Acuff
  410 F.2d 463· 6th Cir.· 1969-04-21 ·cited 18×
  The court held that the trial court did not err in denying a continuance due to pretrial publicity, admitting co-conspirator statements subject to later proof, admitting rebuttal evidence to impeach a defendant's testimony, or allowing the jury to separate during deliberations, a
• Vicente Juarez-Flores v. United States
  394 F.2d 161· 5th Cir.· 1968-05-14 ·cited 18×
  The court held that the search and seizure of marihuana was justified by probable cause, and the evidence was sufficient to sustain the convictions for conspiracy and substantive drug offenses for both appellants.
• Eubanks v. United States
  336 F.2d 269· 9th Cir.· 1964-08-31 ·cited 18×
  The court held that the defendant was not deprived of his right to a speedy trial or effective assistance of counsel. The trial date was not unreasonably close to arraignment, and counsel's strategic decisions were reasonable.
• Raydel, Ltd. v. Medcalfe
  162 So. 2d 910· Fla. 3d DCA· 1964-04-14 ·cited 18×
  Mrs. Medcalfe sued her employer Mrs. Soper and Raydel Ltd. for injuries sustained in an automobile accident caused by her husband's negligence. The trial court granted summary judgment on liability and awarded $90,000 in damages. The appellants challenged the judgment on multiple
• Grovene James Finley v. United States
  271 F.2d 777· 5th Cir.· 1959-11-24 ·cited 18×
  The court held that the trial court did not commit reversible error in denying defendants' motions for acquittal, continuance, mistrial, or in admitting evidence, and that the indictment was sufficient and jurisdiction proper.
• Picciurro v. United States
  250 F.2d 585· 8th Cir.· 1958-01-08 ·cited 18×·via Continuance Of Trial
  The court held that the admission of testimony regarding conversations between the defendant and his wife in the presence of a third party was proper, and that the jury instructions and denial of a continuance did not constitute reversible error.
• Adams v. State
  72 Fla. 32· Fla.· 1916-06-27 ·cited 18×
  Robert F. Adams appealed his perjury conviction on three grounds: denial of a continuance motion, overruling of a motion in arrest of judgment, and sufficiency of evidence. The Florida Supreme Court affirmed the conviction, finding no reversible error in the trial court's discret
• Garfield Jones v. State
  32 So. 3d 706· Fla. 4th DCA· 2010-04-07 ·cited 17×
  Garfield Jones was convicted of attempted first-degree murder and armed robbery after a jury trial. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court failed to conduct an adequate Richardson hearing regarding a discove
• Fasig v. Fasig
  830 So. 2d 839· Fla. 2d DCA· 2002-06-14 ·cited 17×·via Continuance Of Trial
  Margaret Fasig appeals the trial court's denial of her continuance motion in a dissolution of marriage case, which prevented her from presenting evidence about the value of marital assets. The appellate court reversed, finding that the denial of the continuance violated the wife'
• Baron Auctioneer, Inc. v. Ball
  674 So. 2d 212· Fla. 4th DCA· 1996-06-05 ·cited 17×
  The court held that the trial court erred in conducting a non-jury trial when a jury trial had been requested and not affirmatively waived by the parties.
• E.J. Assocs., Inc. v. The John E. & Aliese Price Found., Inc.
  515 So. 2d 763· Fla. 2d DCA· 1987-11-18 ·cited 17×
  E.J. Associates appealed a summary judgment in favor of The John E. and Aliese Price Foundation in a mortgage foreclosure action. The court affirmed, holding that E.J. Associates waived any procedural objections by failing to raise them before the trial court and cannot raise the
• MacHin v. State
  213 So. 2d 499· Fla. 3d DCA· 1968-08-06 ·cited 17×
  The court held that the trial court did not err in denying the defendant's motions for a continuance, change of venue, or in its ruling regarding a physical demonstration by the defendant.
• Franklin v. United States
  384 F.2d 377· 5th Cir.· 1967-10-23 ·cited 17×
  The court affirmed the conviction, finding no abuse of discretion in denying the continuance, no error in venue, and that the jury instructions and denial of a directed verdict were proper.
• Alvarez v. State
  75 So. 3d 420· Fla. 4th DCA· 2011-12-14 ·cited 16×
  Jorge Ivan Alvarez appeals his conviction for false imprisonment and assault, challenging the trial court's denial of his motion to substitute counsel the day before trial. The appellate court reversed, holding that the trial court abused its discretion by denying the substitutio
• Taylor v. State
  65 So. 3d 531· Fla. 1st DCA· 2011-05-23 ·cited 16×·via Continuance Of Trial
  Brian Taylor sought a writ of prohibition to prevent the trial court from proceeding on a second petition for involuntary commitment as a sexually violent predator under Florida's Jimmy Ryce Act. The court granted the petition, holding that Taylor was not in lawful custody when t
• Riley v. Riley
  14 So. 3d 1284· Fla. 2d DCA· 2009-07-10 ·cited 16×
  Michael Riley appeals a final judgment of dissolution of marriage in a 26-year marriage, challenging the magistrate's denial of his motion for continuance to retain counsel and other rulings. The court reversed and remanded, finding the magistrate abused its discretion in denying
• Neal v. Swaby
  975 So. 2d 431· Fla. 2d DCA· 2007-03-23 ·cited 16×
  Michael Neal appeals a paternity order in which the trial court established his paternity but denied him visitation with his two children and awarded sole parental responsibility to Heather Swaby. The appellate court affirmed the paternity determination but reversed and remanded
• Glenna Fisher v. Perez
  947 So. 2d 648· Fla. 3d DCA· 2007-01-24 ·cited 16×
  Fisher appeals the trial court's denial of her motion for continuance when her sole medical expert, Dr. Piper, became unexpectedly unavailable due to post-surgical complications the day before trial in a personal injury lawsuit. The Third District reversed, finding the trial cour
• Peevey v. State
  820 So. 2d 422· Fla. 4th DCA· 2002-07-03 ·cited 16×
  The court held that the trial court abused its discretion by denying a continuance when the State amended the information on the morning of trial to add a new victim, as it prejudiced the defendant's ability to prepare a defense.
• Esig Perlow v. Berg-Perlow
  816 So. 2d 210· Fla. 4th DCA· 2002-05-08 ·cited 16×
  In a family law dissolution case, the former husband appealed from orders denying his motions for temporary attorney's fees and from the final judgment, which awarded the former wife sole parental responsibility with no contact between the husband and child until age fourteen. Th
• Lingenfelser v. State
  734 So. 2d 472· Fla. 4th DCA· 1999-05-12 ·cited 16×
  Christopher Lingenfelser appeals his conviction for cocaine trafficking after the trial court sentenced him without considering his motion to withdraw his guilty plea and discharge his attorneys. The court held that when a defendant claims his plea was coerced by counsel, the tri
• United States v. Knorr
  942 F.2d 1217· 7th Cir.· 1991-09-16 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, denying his motion for a continuance, or refusing to grant a reduction for acceptance of responsibility.
• Mayo v. Tri-Bell Indus., Inc.
  787 F.2d 1007· 5th Cir.· 1986-04-21 ·cited 16×
  The court held that the Texas modified comparative negligence statute applies to nonpecuniary damages in wrongful death claims, barring recovery when the deceased's negligence exceeds that of the tortfeasor. The court also affirmed the trial court's evidentiary rulings.
• Ream v. State
  449 So. 2d 960· Fla. 4th DCA· 1984-05-09 ·cited 16×
  Appellants challenged their guilty pleas on post-conviction relief grounds, alleging their counsel had promised a plea bargain for three years' probation but they received three years in prison instead. The court reversed and remanded, finding the guilty pleas involuntary based o
• Patterson v. Austin
  728 F.2d 1389· 11th Cir.· 1984-04-02 ·cited 16×
  The dissenting judge would affirm the district court's denial of habeas corpus relief, finding the jury instruction constitutional and the defendant not prejudiced by any alleged defect.
• United States v. Montoya
  716 F.2d 1340· 10th Cir.· 1983-09-12 ·cited 16×
  The court held that presenting false claims to an intermediary state agency, funded by federal money under a federal program, violates the False Claims Act, and that the withholding of impeachment evidence was not material to the outcome.
• United States v. Porterfield
  624 F.2d 122· 10th Cir.· 1980-06-05 ·cited 16×·via Continuance Request
  The court held that the defendant's Sixth Amendment right to effective assistance of counsel was violated due to his attorney's pervasive incompetence.
• United States v. Rochon
  575 F.2d 191· 8th Cir.· 1978-04-26 ·cited 16×
  The court held that the district court did not abuse its discretion in denying severance motions or continuances, and that no Brady violations occurred.
• United States v. Basile
  569 F.2d 1053· 9th Cir.· 1978-01-06 ·cited 16×