Sawyer v. Dogwood Stables, Inc.

Deen, Presiding Judge.

Dr. Horace K. Sawyer, Jr. appeals from an order of the trial court which found in favor of Dogwood Stables, Inc. in a suit on an open account and dismissed his counterclaim.

The record shows that when the case was called for trial before a judge sitting without a jury Dr. Sawyer’s counsel announced ready for trial, but explained that the defendant was absent because he had been delayed by a medical emergency and would be in court as soon as possible. The trial commenced and the plaintiff put on his evidence. Defense counsel cross-examined the sole witness and during the…