Florida District Courts of Appeal, 2006

T.J.M. v. State

T.J.M. v. State
Florida District Courts of Appeal · Decided April 7, 2006 · Lawson, Orfinger, Sawaya
925 So. 2d 440; 2006 Fla. App. LEXIS 5047; 2006 WL 888153 (Southern Reporter, Second Series)

T.J.M. v. State

Opinion of the Court

PER 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.

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