Legal Opinion

Yaris v. Yaris

District Court of Appeal of Florida

Decided November 13, 2013No. 4D12-3255PublishedCited by 3 opinions

1Opinion of the CourtCiklin, J.

Jerald Yaris (“the former husband”) appeals the Final Judgment on Petition for Modification and Attorney Fees (“the Judgment”), arguing that the trial court abused its discretion by denying his motion for a continuance of the final hearing. We recognize the high degree of deference afforded to the trial court with respect to this type of discretionary decision, but must reverse because the former husband suffered an injustice as a result of the denial, the continuance was not requested as a dilatory tactic, and a delay would not have prejudiced the opposing party.

The former husband and Linda…

2Cases cited5 opinions

  1. Fleming v. FlemingDistrict Court of Appeal of Florida · 1998
  2. SHANDS TEACHING HOSP. AND CLINICS v. DunnDistrict Court of Appeal of Florida · 2007
  3. APD Holdings, Inc. v. ReidelDistrict Court of Appeal of Florida · 2004
  4. Taylor v. Institute for Medical Weight LossDistrict Court of Appeal of Florida · 2003
  5. Rice v. NITV, LLC.District Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. Daher v. Pacha NycDistrict Court of Appeal of Florida · 2016
  2. GEORGES LEVY v. FMF&J INVESTMENTS, LLP, etc.District Court of Appeal of Florida · 2022
  3. Kandyce McPherson v. Killyah SamuelDistrict Court of Appeal of Florida · 2024

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