Motion To Continue

27 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Johnson v. State
  804 So. 2d 1218· Fla.· 2001-10-25 ·cited 63×
  Terrell Johnson, a death row inmate convicted of first-degree murder in 1979, appealed the trial court's summary denial of his second Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the denial, finding that Johnson failed to demonstrate newly discovered evide
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• George Crowell, M.D. v. Barry Kaufmann, M.D.
  845 So. 2d 325· Fla. 2d DCA· 2003-05-21 ·cited 13×
  The appellate court held that the trial court abused its discretion by denying a codefendant's motion to continue a summary judgment hearing when discovery was incomplete.
• Erlinger v. Federico
  242 So. 3d 1177· Fla. 1st DCA· 2018-03-15 ·cited 9×
  In a family law dissolution proceeding, Erlinger moved to disqualify the trial judge after he denied her motion to modify a temporary parenting plan and granted her ex-husband's contempt motion for repeatedly violating the timesharing schedule. Erlinger alleged the judge demonstr
• United States v. Withers
  972 F.2d 837· 7th Cir.· 1992-08-14 ·cited 7×
  The court held that the initial encounter was consensual, evolving into a lawful investigatory stop based on reasonable suspicion, and that the detention of the bag was reasonable. Discovery and continuance issues were also resolved against the defendant.
• Storm v. Decker
  971 So. 2d 165· Fla. 5th DCA· 2007-12-21 ·cited 4×
  Glenn Storm appeals a final injunction for protection against repeat violence issued by the trial court. The appellate court reversed the injunction, finding that Storm was denied due process when the trial court refused to continue the final hearing to allow Storm and his attorn
• Horan v. Horan
  464 So. 2d 224· Fla. 4th DCA· 1985-02-27 ·cited 4×
  The appellate court affirmed the denial of a motion to continue a contempt hearing but reversed the dismissal of a petition to set aside a property settlement agreement. The court found that the husband had presented a prima facie case of fraud regarding an oral promise made by t
• Harvey Covington & Thomas, LLC v. WMC Mortg. Corp.
  85 So. 3d 558· Fla. 1st DCA· 2012-04-17 ·cited 3×
  Harvey Covington & Thomas, LLC appealed a summary judgment foreclosure issued in its favor against WMC Mortgage Corp. The appellate court reversed, holding that the trial court abused its discretion by denying Harvey Covington's motion to continue the summary judgment hearing to
• J.W. v. Dep't of Child. & Families
  835 So. 2d 316· Fla. 5th DCA· 2002-12-27 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying the motion to continue, as the appellant's claim of reliance on the Department's attorney was contradicted by her own counsel's advice.
• Kandyce McPherson v. Killyah Samuel
  392 So. 3d 565· Fla. 4th DCA· 2024-07-24 ·cited 2×
  A trial court abuses its discretion by denying a motion to continue a permanent injunction hearing when the movant had preplanned international travel, received only eight days' notice, filed the continuance motion promptly, and the opposing party would not be prejudiced by the d
• Boffo v. State
  272 So. 3d 876· Fla. 5th DCA· 2019-05-31 ·cited 2×
  The appellate court reversed a trial court's decision to revoke community control, finding that the trial court abused its discretion by denying the defendant's motion for a continuance. The defendant's newly appointed attorney needed more time to prepare, and the court's refusal
• State v. Polk
  993 So. 2d 581· Fla. 1st DCA· 2008-10-24 ·cited 2×
  The court held that the trial court erred in dismissing the charges based on a constitutional speedy trial violation, as the delay was justified and the defendant did not assert his right or demonstrate prejudice.
• Young v. Young
  431 So. 2d 233· Fla. 1st DCA· 1983-05-04 ·cited 2×
  A husband appeals the trial court's denial of his motion to continue a child support modification hearing and the subsequent order increasing child support from $100 to $350 per month. The appellate court reversed, finding the trial court erred in denying the continuance where a
• Castillo v. Colmenares
  S.D. Fla.· 2025-09-03
  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.
• Williams v. State
  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
• IN & for NEW Castle Cnty. R------ D-----
  Del. Fam. Ct.· 2024-06-24
  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
• King Reyes Transp., Inc. v. Abdullah Baker
  Fla. 6th DCA· 2024-06-21
  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.
• State v. Laquentin Jenkins
  Fla. 4th DCA· 2024-05-15
  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
• Global Weather Prods., LLC v. Studio 239 LLC
  M.D. Fla.· 2024-04-16
  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
• Asphalt Paving Sys., Inc. v. Blacklidge Emulsions, Inc.
  M.D. Fla.· 2022-01-07
  The court held that the plaintiff's motion for partial summary judgment was premature because discovery had not yet occurred.
• Merino v. Powell
  Fla. 5th DCA· 2021-06-24
  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
• McFarlane v. State
  239 So. 3d 1272· Fla. 2d DCA· 2018-03-21
  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
• Cheremont v. State
  217 So. 3d 1181· Fla. 5th DCA· 2017-04-28
  The court held that the trial court abused its discretion by denying a brief recess to secure a key defense witness, requiring reversal.
• State v. S.M.M.
  59 So. 3d 1210· Fla. 5th DCA· 2011-04-29
  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.
• State v. Purdy
  9th Cir. Ct. App. Div.· 2008-06-06
  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
• Ross v. Dep't of Corr.
  669 So. 2d 1060· Fla. 5th DCA· 1996-02-09
  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
• Dome Condo. Ass'n, Inc. v. Goldenberg
  371 So. 2d 581· Fla. 3d DCA· 1979-06-05