Albert J. and Helen R. Desantis - Page 9

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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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