Bye v. Ferguson

Defendant, Gary Ferguson, appeals *199as of right from an order denying Ferguson’s motion to set aside a judgment rendered against him in the amount of $14,077.72. This appeal involves Ferguson’s failure to appear for trial and his attorney’s subsequent withdrawal from the case immediately prior to trial.

I

Plaintiff, William Bye, filed suit on February 19, 1982, alleging that Ferguson was a holdover tenant. Bye requested damages for the nonpayment of rent during the holdover period, plus expenses incurred in returning the property to its original condition. Bye and Ferguson were represented in the…