Smith v. Ascension Enterprises, Inc.

JiPOUCET, Chief Judge.

The trial court dismissed the Claimant’s case with prejudice for failure to appear for trial. The Claimant, Christopher J. Smith, appeals.

Smith filed a disputed claim for compensation against Ascension Enterprises, Inc. (Ascension) on July 9, 1998. Trial was continued three times, once on motion of the Defendant and twice on motion of the Claimant. The trial was ultimately set for August 19, 1999. According to the judgment, the counsel for Claimant orally moved for another continuance on August 18, 1999. The trial court first granted, then, upon discovering that the…