In a recent decision from the Ohio Fifth District Court of Appeals, a hard lesson was learned by a party…trial means trial. In this case, the Wife and her counsel did not appear for trial because the Wife’s counsel had car trouble. Wife’s counsel called the Court, spoke with an administrative assistant, told the assistant of his car troubles and told the assistant that he couldn’t make it to Court. Wife did not appear for trial, either, because her counsel told her she didn’t need too (oops). However, Wife’s counsel did not file a motion to continue the trial date. Because no motion to continue was filed, the Court proceeded to try the case and issue a decision. The Wife appealed, but the Fifth District affirmed stating that the Wife and her counsel’s absence were not unavoidable and no request for a continuance of the trial date was filed. Here’s a link to the decision: Johnson v. Johnson, 2015-Ohio-4748
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