Posted by Nydia Streets of Streets Law in Florida Divorce

What is a continuance in a Florida family law case? This is a postponement of an event such as a hearing. If a continuance is granted, it usually means the original hearing date is cancelled and is or will be rescheduled for a later date. Continuances are within the discretion of the trial court judge, but there are certain considerations that must be taken into account when considering a request for continuance. This was an issue in the case Kalke v. Kalke, 2D20-3594 (Fla. 2d DCA December 29, 2021).

In this divorce case, the former husband had three attorneys before eventually representing himself at the final trial. The case had been pending for more than two years by the time of trial, partly based on the COVID-19 pandemic, but also because of what was cited as less than cooperative behavior by the former husband. A final judgment was entered, and the former husband appealed, principally arguing that the trial court abused its discretion in denying his request to continue trial.

The appellate court noted in determining whether a court abused its discretion in denying a motion for continuance, three issues are to be considered: “1) whether the movant suffers injustice from the denial of the motion; 2) whether the underlying cause for the motion was unforeseen by the movant and whether the motion is based on dilatory tactics; and 3) whether prejudice and injustice will befall the opposing party if the motion is granted.” The appellate court found in favor of the former wife on all three issues and affirmed the final judgment.

If you need help with your Miami family law case, schedule a consultation with a Miami family law attorney.