Elmer Fox, Westheimer & Company v. Bx Corporation

Birdsong, Judge.

Appellant, Elmer Fox, Westheimer & Co., brought suit against the B-X Corporation on account for professional services as a certified public accountant. On the day the trial was called, appellant’s counsel announced that a representative of his client was not yet present but was on the way to court. Counsel then moved for a continuance, which the trial court denied. Counsel then announced ready for the plaintiff. Defendant’s counsel waived voir dire and plaintiffs counsel commenced selection of a jury. Approximately 30 minutes after the case had been called and while plaintiffs…