Robertson-Ryan & Associates, Inc. v. Pohlhammer

I would affirm the decision of the court of appeals holding that the trial court abused its discretion in not granting a continuance.

The majority’s statement of the facts does not give a full picture of the events on the morning in question. The record shows that the trial court was very irritated that the defendant’s absence caused it to try a case that it had failed to settle and that it had arranged to be removed to another judge for trial. It is clear that the trial court simply assumed that even though the defendant had been present earlier in the morning for a settlement conference, his…