Knight v. City of Enterprise

The appellant appeals from the trial court's dismissal of herde novo appeal. The record reveals that the appellant was convicted of theft of property in the third degree in municipal court. The appellant appealed the conviction to the Coffee Circuit Court. The case was set for trial on March 4, 1991. The appellant filed a motion for continuance on February 22, 1991, and the case was reset for April 1, 1991. Neither the appellant nor her attorney appeared at the call of the docket on April 1, and the case was dismissed.

Section 12-14-70(f), Code of Alabama 1975, provides:

"(f) Upon failure of an…