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King v. Irvin

The plaintiff's injury suit arising out of automobile collision was dismissed for want of prosecution after the plaintiff failed to submit any proof that his military duties prevented him from attending trial.

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Moses King sued Joel Irvin for personal injuries relating to an automobile collision. The trial court subsequently dismissed the complaint for want of prosecution after denying King’s motion for continuance. Finding no error, we affirm. The record shows that King filed his complaint on December 10, 2002, and the trial court placed the case on the trial calendar for the week of February 23, 2004. King, a naval reservist, moved for a continuance, asserting that he had received military orders to report to duty on February 23. Although the motion stated that the relevant military orders were attached, the record reveals no such attachment.

The trial court granted the requested continuance and placed the case on the April 19, 2004 trial calendar. King then moved for a second continuance, stating that he had “received the attached military orders to report for duty during the week of April 19, 2004.” Once again, however, he failed to attach the orders to his motion.

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