BEASLEY v. UNITED CASUALTY INSURANCE COMPANY OF AMERICA (2023)

District Court of Appeal of Florida, First District.

Terrill BEASLEY, Appellant, v. UNITED CASUALTY INSURANCE COMPANY OF AMERICA, Appellee.

No. 1D21-3664

Decided: May 17, 2023

Randall M. Shochet of Shochet Law Group, Trenton, for Appellant. Mihaela Cabulea, Lauren L. Feldman, and Thomas A. Keller of Butler, Weihmuller, Katz & Craig LLP, Tampa, for Appellee.

Terrill Beasley argues the trial court erred when it denied his motion to continue a summary judgment hearing. We review a denial of a motion for continuance for abuse of discretion and find none. Beasley argues his counsel's surgery a month before the hearing prevented him from responding to the motion. But Counsel was cleared to work by a physician 17 days before the hearing and had over 50 days before his surgery to respond. Counsel was also one of two attorneys working for Beasley and Beasley did not explain why the second attorney could not handle the response.

A trial court abuses its discretion only where no reasonable person would take their view. Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980). Because the trial court's decision to deny Beasley's motion was reasonable, we affirm.

Affirmed.

Per Curiam.

Rowe, C.J., and Lewis and Long, JJ., concur.

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