COLE BRYAN HOWELL, III, ET AL. v. CHERYL RYERKERK, ET AL. - Articles

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Posted by: Tanja Trezise on Mar 9, 2012

Court: TN Court of Appeals

Attorneys 1: W. Tyler Chastain, Margo J. Maxwell, and Hugh B. Ward, Jr., Knoxville, Tennessee, for the appellants, Cole Bryan Howell, III, individually and by derivative on behalf of Howell Nurseries, Inc.

Attorneys 2: John M. Norris, Strawberry Plains, Tennessee, for the appellee(s), Cheryl Ryerkerk, The Estate of Florence Howell Wallis, Carl Wallis, Margaret Ann Gehring, and Howell Nurseries.

Judge(s): STAFFORD

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 affirm.

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