Saenz v. Pena

Carlos Saenz appeals from the lower court’s order denying his motion to set aside final judgment for Mercedes Pena.

In November 1994, Pena commenced an action against Saenz as owner and lessor of an apartment complex, contending that she was injured when he breached his duty to maintain the property in a reasonably safe condition. On August 18, 1998, the trial court sent the parties a uniform order setting the case for jury trial during the two week period commencing on April 19, 1999. A copy of the order was sent to Saenz’s counsel of record at the time.

On March 23, 1999, Saenz’s counsel…