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
- Jenkins v. StateDistrict Court of Appeal of Florida · 2004
3Cited by2 opinions
- Walters v. Ocean Gate Phase I CondominiumDistrict Court of Appeal of Florida · 2006
- Bernard Cheremont v. StateDistrict Court of Appeal of Florida · 2017