Aero Mayflower Transit Co. v. Spoljaric

ON MOTION FOR REHEARING

ASHWORTH, Justice.

Our prior opinion and judgment issued in the above referenced cause on February 9, 1984 are hereby withdrawn and the following substituted therefor.

When the attorney for Aero Mayflower Transit Company, Inc. (Aero), defendant below, failed to appear for trial, the case was tried to a jury in the attorney’s absence and judgment rendered against Aero. Aero filed a motion for new trial which was denied, and Aero appeals from such denial.

The judgment is reversed and the cause remanded.

Appellant presents three points of error:(1) Error in proceeding to trial…