Bolles v. Carson

Citations

• 73 Fla. 504
• 74 So. 509

Syllabus

<p>1. It is the duty of counsel for appellee or defendant in error to . file in this court a brief, maintaining the correctness of the proceedings and judgment of the trial court.</p> <p>2. An application for the continuance of a cause is always addressed to the sound discretion of the court, and must be left to the tribunal which has the parties before it, and who must determine from a variety of circumstances occurring in its presence whether such applications are made in good faith.</p> <p>3. In deciding upon the sufficiency of an affidavit for continuance, no presumption favorable to the applicant is to be indulged.</p> <p>4. An appellate court will not reverse a judgment because the trial court denied a motion for a continuance of a cause, unless there has been a palpable abuse of discretion by the trial court, to the detriment of the party applying for the continuance, clearly and affirmatively shown by the transcript o.f the record.</p>