law-motion-for-continuance-denied
MFC
Court of appeals reviews for clear abuse of discretion the trial court's determination to deny a motion for
continuance. Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 161 (Tex. 2004). We will find an abuse of
discretion, on a case-by-case basis, when the trial court's decision is so arbitrary and unreasonable as to
amount to a clear and prejudicial error of law. Id. In determining whether the trial court abused its discretion in
denying a motion for continuance seeking additional discovery, we may consider the following nonexclusive
factors: the length of time the case has been on file, the materiality and purpose of the intended discovery, and
whether the movant exercised due diligence in seeking the discovery. Id.
MOTION FOR CONTINUANCE DENIED (HOUSTON CASES)
Yazdchi v. Walker (Tex.App.- Houston [1st Dist.] May 7, 2009)(Keyes) (motion for continuance, incomplete
clerk's record on appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Jennings, Keyes and Higley
01-05-00177-CV Abbas Yazdchi, Habibollah Yazdchi, and Ahmad Yazdchi v. Ted L. Walker, Tammy Tran, and
Pete Mai
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta Lloyd
Schmidt v. Bell (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland)
(motion for continuance denied, motion to continue summary judgment hearing on Plaintiff's MSJ)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00161-CV Keith W. Schmidt v. Patsy Bell, V.P., et al.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
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