Legal Opinion

T.J.M. v. State

District Court of Appeal of Florida

Decided April 7, 2006No. 5D05-1267PublishedCited by 2 opinions

1Per 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.

2Cases cited1 opinion

  1. Jenkins v. StateDistrict Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. Walters v. Ocean Gate Phase I CondominiumDistrict Court of Appeal of Florida · 2006
  2. Bernard Cheremont v. StateDistrict Court of Appeal of Florida · 2017