Southern Arizona School for Boys, Inc. v. Morris

Jordan, Presiding Judge.

This is a duly certified appeal from the grant of a new trial. The order does not specify the reason for the grant, but the sole ground asserted in the motion is that the defendants were not afforded a day in court, having been prevented by providential cause. The transcript of the hearing affirmatively discloses that counsel for the defendants was in his office the day the case was heard, ready, willing, and able to participate in the trial, but not knowing the case was on the calendar, did not attend, and did not notify his clients, who also failed to attend. It…