RESUN LEASING, INCORPORATED
Plaintiff,
v
.
Guilford County
No. 00 CVS 3865
DONWAY TRUCKING, INCORPORATED,
and DON GOLDS,
Defendant.
Thomas B. Kobrin for plaintiff appellee.
SIMPSON KUEHNERT VINAY & BELLAS, P.A., by Eric R. Bellas, for
defendants appellants.
TIMMONS-GOODSON, Judge.
Donway Trucking, Incorporated (Donway Trucking) and Don
Golds (Golds) (hereinafter, collective defendants) appeals from
a judgment and order of the trial court entered in favor of Resun
Leasing, Incorporated (plaintiff). Golds is the individual
defendant named in this matter, the president of Donway Trucking,
and the principal witness for Donway Trucking. The relevant facts
are as follows: On 21 June 1999, plaintiff and Donway Trucking
entered into a lease agreement. A dispute arose pertaining to
Donway Trucking's failure to make payments under the leaseagreement. As a result, plaintiff filed a complaint against
defendants. The matter was set for a hearing on 20 August 2001.
On the date of the hearing, plaintiff appeared in court along
with counsel, Thomas B. Kobrin (Kobrin), and several witnesses.
Golds failed to appear in court, however, Eric R. Bellas (Bellas')
appeared in court as counsel for defendants. In response to
questions from the court regarding Golds' absence, Bellas informed
the court that Golds was sick and seeking medical treatment.
Bellas further informed the court that he could not contact Golds,
but believed that he was either seeking treatment from his family
physician or the hospital emergency room. When the court inquired
about Golds' specific medical condition, Bellas stated that Golds
was suffering from pain in his side and rectal bleeding. After
learning this information, the court recessed and ordered Bellas to
contact Golds' doctor and inquire about his medical condition.
After the recess, Bellas reported that he failed to obtain any
information regarding Golds' condition and failed to contact Golds
by telephone. Bellas reported that he learned that Golds was sent
to an emergency room by his physician, but that hospital personnel
refused to confirm or deny whether Golds was a patient. Upon
learning this information, the court informed the parties that
there would be approximately a two hour recess in order for Bellas
to contact Golds.
Following the second recess, Bellas failed to appear in court
and no one appeared on behalf of defendants. Kobrin informed the
court that Bellas would not be in court due to a family emergency. The court then ordered Kobrin to communicate with Bellas and inform
him that the case would be tried on 21 August 2001, unless Golds
was admitted into the hospital.
On 21 August 2001, Bellas filed, by facsimile, a Motion to
Continue. Attached to the motion was an affidavit signed by Golds
and describing his symptoms as internal bleeding, sharp pains
in his abdomen, weakness, and fatigue. The motion was also
accompanied by a letter from Dr. David Abernathy (Dr. Abernathy),
which stated that Golds' condition required a leave of absence due
to an illness and that Golds would not be able to attend the
meeting in Greensboro on [21 August 2001]. The court delayed the
matter again and ordered the parties to reconvene on 22 August
2001. Kobrin immediately relayed the new hearing date to Bellas.
However, on 22 August 2001, neither Bellas nor Golds appeared in
court. The court reset the hearing for 23 August 2001 and stated
that defendants' motion for a continuance would be heard at that
time.
On 23 August 2001, plaintiff, several witnesses for the
plaintiff, Kobrin and Bellas appeared in court. Golds failed to
appear and the motion for a continuance was heard by the trial
court. During the hearing, Bellas informed the court that Golds
had significant problems and was running to the restroom about
every thirty minutes. The court informed Bellas that the letter
from Dr. Abernathy was very vague and that illness was not a
medical diagnosis. The court denied the motion and ordered the
trial to proceed in the absence of Golds. Defendants appeal.
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