Davis v. Barnes

McMurray, Presiding Judge.

This is a tort action brought by Ruby Davis and W. H. Davis against David Barnes on July 23,1979, in the State Court of Gwinnett County. After discovery the case was set for trial on August 11,1980, at 9:00 a.m. Counsel for both parties were notified of the trial date by publication of the trial calendar on July 1,1980. Prior to the time set for trial plaintiffs’ counsel did not attempt to notify either the court or defense counsel that he would be in another court nor did he move for a continuance on this ground.

Plaintiff W. H. Davis appeared at the time set for…