T.J.M., JR., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
T.J.M., JR., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
925 So. 2d 440
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Jenkins v. State, 872 So. 2d 388 (Fla. 4th DCA 2004) (To prevail on a motion to continue based upon witness unavailability, the moving party must show: (1) prior due diligence to obtain the witness’ presence; (2) that substantially favorable testimony would be forthcoming; (3) that the witness was available and willing to testify; and (4) that the denial of the continuance would cause material prejudice.).
SAWAYA, ORFINGER and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Burgess v. N. Broward Hosp. Dist., 126 So. 3d 430 (Fla. 4th DCA 2013)…e allowed until the privilege to do so has been abused or the opposing party is prejudiced or the amendment is futile.... Generally three ineffective attempts to state the same cause of action ... are enough.’ ” Walters v. Ocean Gate Phase I Condo., 925 So. 2d 440, 443 (Fla. 5th DCA 2006) (quoting Trawick’s Fla. Practice & Procedure § 14-2 at 225 (2006)). Despite the title of “Fourth Amended Complaint,” Burgess was granted only two opportunities to amend rather than three. Still, we cannot say that the trial…
-
John DOE NO. 23 v. Archdiocese OF Miami, Inc., 965 So. 2d 1186 (Fla. 4th DCA 2007)…f limitations. Because any further attempt to amend the complaint to state the requisite allegations for tolling the statute of limitations would be futile, the dismissal was properly entered with prejudice. See Walters v. Ocean Gate Phase I Condo., 925 So. 2d 440, 441 (Fla. 5th DCA 2006). Affirmed. POLEN, STEVENSON and TAYLOR, JJ., concur. . See Ch. 71-97, at 243, Laws of Fla.…
-
Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc., 79 So. 3d 855 (Fla. 4th DCA 2012)…s not the number of amendments which determine when a complaint should be dismissed with prejudice, but rather the number of “ineffective attempts to state the same cause of action” which must be considered. See Walters v. Ocean Gate Phase I Condo., 925 So. 2d 440, 443 (Fla. 5th DCA 2006) (“Generally three ineffective attempts to state the same cause of action ... are enough.” (emphasis added) (quoting Trawick’s Florida Practice & Procedure § 14-2 at 225 (2006))). CONCLUSION We affirm the trial court’s ruli…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 872 So. 2d 388 (Fla. 4th DCA 2004)