Cole Bryan Howell, III v. Cheryl Ryerkerk

OPINION

in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.

The issue appealed in this case is the failure of the trial court to grant a continuance requested by the Appellant. After two prior continuances were granted, the Appellant again moved for a continuance, supporting the request with documentation indicating that the Appellant was undergoing diagnostic testing the day before the scheduled trial date. The trial court denied the continuance. When the Appellant failed to proceed with the trial the following day, the trial court dismissed for failure to prosecute. We…