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When the case was called for trial at Columbus, Ohio, on
July 31, 1995, petitioner did not appear for trial. Respondent
presented Dr. Kelly Lee Mckeraham, a physician at the Ohio State
University family practice clinic. Dr. Mckeraham did not examine
petitioner, nor was he able to express an opinion as to whether
petitioner's medical condition was so severe as to prevent him
from appearing in Court. At petitioner's request and based on
petitioner's medical file, Dr. Mckeraham provided a note for
petitioner excusing him from upcoming business meetings.
On the basis of the record, the Court concluded that the
matter should proceed to trial despite petitioner's absence. The
Court was far from satisfied that petitioner's failure to appear
was based on his medical condition rather than his desire to
further delay the trial. The record in this case revealed a
history of delay and failure to communicate and cooperate. The
Court simply could not tolerate any further delay tactics by
petitioner. The Court also notes that there were substantial
stipulations of fact and exhibits already in the record, some of
which petitioner had agreed to and some of which were the result
of orders issued under Rule 91(f). The Court issued an order
providing the parties an opportunity to file briefs. In fact,
petitioner did file a posttrial brief.
When this case was called for trial on July 31, 1995,
respondent orally moved to dismiss this case for failure to
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