RAYMOND CASTELLANOS, APPELLANT,
v.
K-MART STORE, A FOREIGN CORPORATION, APPELLEE
RAYMOND CASTELLANOS, APPELLANT,
K-MART STORE, A FOREIGN CORPORATION, APPELLEE
632 So. 2d 1057
Florida District Court of Appeal, Third District (1994)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse the final judgment in defendant’s favor entered after the court granted defendant’s motion for directed verdict. The trial court abused its discretion in denying plaintiffs motion for continuance after allowing plaintiffs counsel to withdraw on the day of trial. Castle Club Corp. v. Liberty Int’l, Inc., 598 So. 2d 263 (Fla. 3d DCA 1992); Hub Financial Corp. v. Olmetti, 465 So. 2d 618 (Fla. 4th DCA 1985). The record does not demonstrate that defendant would have been prejudiced by allowing plaintiff a continuance to obtain new counsel. Castle Club Corp., 598 So. 2d at 263.
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fleming v. Fleming, 710 So. 2d 601 (Fla. 4th DCA 1998)…ere the movant’s attorney withdraws on the day of or a couple days before trial and a continuance is denied, or where counsel or a key witness becomes ill before trial preventing an adequate presentation of the case. See Castellanos v. K-Mart Store, 632 So. 2d 1057, 1058 (Fla. 3d DCA 1994) (holding that trial court abused its discretion in denying movant’s motion for continuance after allowing movant’s counsel to withdraw on the day of trial); Jean, 596 So. 2d at 1247; Castle Club Corp. v. Liberty Intern., Inc…
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Sacco v. Douglas Slavin, M.D., 641 So. 2d 955 (Fla. 3d DCA 1994)…wing defense counsel to withdraw without allowing at least a brief continuance to obtain substitute counsel. That argument could have [*957] been raised by motion for rehearing or upon appeal from the final judgment. See Castellanos v. K-Mart Store, 632 So. 2d 1057 (Fla. 3d DCA 1994); Castle Club Corp. v. Liberty Int’l, Inc., 598 So. 2d 263 (Fla. 3d DCA 1992); Hub Financial Corp. v. Olmetti, 465 So. 2d 618 (Fla. 4th DCA 1985). The Florida Supreme Court has said that Rule 1.540 “was not ‘intended to serve as a…
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Buscemi v. 6060 Realty Corp., 654 So. 2d 197 (Fla. 3d DCA 1995)…, 574 (Fla. 3d DCA 1979) (“Normally, when counsel opens a hearing with a motion to withdraw, the better policy would be to grant the motion and continue the cause.... ”), cert. denied, 379 So. 2d 202 (Fla.1980); see also Castellanos v. K-Mart Store, 632 So. 2d 1057 (Fla. 3d DCA 1994); Hub Fin. Corp. v. Olmetti, 465 So. 2d 618 (Fla. 4th DCA 1985). The record does not reflect that the defendant would have been prejudiced by allowing a continuance to obtain new counsel. Castle Club Corp., 598 So. 2d at 263; compa…
Authorities Cited
- Chapman v. Jorge Garcia, M.D., 465 So. 2d 618 (Fla. 3d DCA 1985)
- Castle Club Corp. v. Liberty Int'l, Inc., 598 So. 2d 263 (Fla. 3d DCA 1992)