Rogers v. Visioneering Concrete Construction Co.

WILLSON, J. H., Associate Judge.

The proceedings leading up to the final judgment from which this appeal is taken are set forth in Judge Shannon’s opinion in a previous appeal, and will be found in 120 So.2d 644.

At the sounding of the docket in the lower court on June 12, 1962, the cause was set for trial on June 19, 1962. On June 18, 1962, appellant’s counsel moved for a continuance on the following grounds:

“1. That the defendant is an out-of-state resident and his attorneys have been unable to apprise him of the trial date.

“2. Without the presence of the defendant, he would be unduly…