IN THE CIRCUIT FOR THE
EIGTH JUDICIAL CIRCUIT, IN
AND FOR XXX COUNTY,
XXX
Case No.: XXX
Plaintiff therefore files this motion to continue this case until the outcome of the jury
trial.
LEGAL ARGUMENTS
A motion for continuance is addressed to the sound judicial discretion of the trial court.
See XXX v. State, 464 So.2d 1181 (Fla. 1985); Diaz v. Diaz, 258 So.2d 37 (Fla. 3d DCA
1972).” Ziegler v. Klein, 590 So. 2d 1066, 1067 (Fla. Dist. Ct. App. 1991). It follows; the Courts
should grant Motions for Continuances in the event the mover provides legitimate reasons that
justify the continuance requested. Accordingly, Florida Appeal courts have held that Trial Courts
abused their discretion when they failed to grant motions for continuance on legitimate reasons
and/or circumstances. See Courtney v. Central Trust Co., 112 Fla. 298, 150 So. 276 (1933)
(abuse of discretion to deny motion for continuance when trial counsel was unable to proceed
because of family emergency); Thompson v. General Motors Corp., 439 So.2d 1012 (Fla. 2d
DCA 1983) (abuse of discretion for trial court to deny motion for continuance when trial counsel
became ill).
In the instant action, the Plaintiff seeks this case be continued because the Defendant
TYLER HUGHE has pled not guilty in the aforementioned criminal case. Therefore, Plaintiff
has to wait until the determination of the jury trial in that case.
In that regard, it is only until the Defendant is found liable and/or blameworthy that the
Plaintiff may have a case against him. This amounts to a legitimate reason to justify the grating
of continuance, as requested.
WHEREFORE, Plaintiff PALMA PAULO DE TARSO, pro se requests this Court to
continue the case indefinitely, until the determination of the jury trial against Defendant XXX
HUGHE. Plaintiff prays for any other order this Court deems just and equitable.
Respectfully submitted this _______________ day of ______________, XXX
______________________________
XXX
Pro se
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Motion for Continuance has been
served upon the Defendants by mail, email/efiling or personal delivery.
Attorneys for Defendants XXX
Attorney for Defendant XXX
Respectfully submitted this _______________ day of ______________, XXX
______________________________
XXX
Pro se
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