Neubauer v. Kender

This case is on appeal from a decision of the Franklin County Municipal Court overruling appellant’s motion for relief from judgment.

On May 6,1985, appellant filed his complaint and, on August 16,1985, ap-pellee filed his answer and counterclaim. After two continuances, the trial was set for December 12,1985 at 9:00 a.m. On that date, appellee was ready to proceed to trial; however, appellant did not arrive in court until 9:30 a.m. At 9:25 a.m., the court called the case and granted default judgment for appellee on his counterclaim and dismissed appellant’s complaint. Thereafter, on December…