Aspen Properties Co. v. Preble

PIERCE, Judge.

Defendant, Albert R. Preble, appeals a judgment entered in favor of plaintiff, Aspen Properties Company. We reverse. •

Plaintiff brought suit on a rent claim and defendant countersued for conversion, unlawful eviction, and punitive damages. Both defendant and his counsel failed timely to appear for trial at the scheduled time. The record reflects that inclement weather conditions, as well as car problems, made attendance for these out-of-town participants difficult. Both the defendant and his counsel contacted the court earlier that morning to inform it that they would be late.…