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McKnight v. Wyrick

The trial court properly dismissed the plaintiff's suit for failure to appear at the civil calendar call because her attorney did not give the required 7-day notice of his trial conflict.

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When plaintiff Kristy McKnight failed to appear at the call of the civil trial calendar on Monday, February 28, 2000, Doyle Wyrick, the defendant in this action, moved to dismiss the case. The trial court granted the motion, dismissing the case without prejudice. McKnight appeals from the dismissal, arguing that her attorney notified the trial court of a conflict on the same day her attorney received notice of the trial date. We affirm the dismissal.

The following facts are undisputed. On January 28, 2000, the State Court of Gwinnett County published a two-week civil jury trial calendar. The calendar indicated that the cases listed, including McKnight’s personal injury action, would be tried over a two-week period beginning February 22, 2000 at 9 a.m. Unfortunately, the calendar itself is not included in the record; however, the trial court includes these facts in its order, and neither party disputes them. McKnight’s attorney reported for court on the morning of February 22, but the case was not called for trial at that time.

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