Aero Mayflower Transit Co. v. Spoljaric
In Aero Mayflower Transit Co. v. Spoljaric, 669 S.W.2d 158 (Tex. App.-Fort Worth 1984, writ dism'd), the trial court set the case for April 14, 1983. Id.
The appellant's attorney had conflicts the week of the trial setting. Id. Subsequently, the appellant's attorney told his secretary to call the trial court to advise of the conflict, and obtain a new setting. Id.
The secretary thought the setting was for 10:00 a.m. and intended to call before that time on April 14. At 9:20 a.m. on April 14, the trial court called to speak to the attorney, at which time the secretary advised it that the attorney was in trial. Id.
The trial court told the secretary the case was going to trial at 9:30 a.m., with or without the attorney. Id. The trial court allowed the case to be tried without the appellant's attorney present.
The appellant filed a motion for new trial, which was denied.