Alan L. Levitt - Page 7




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          at trial due to a disability.  The Court did not grant                      
          petitioner’s request for a continuance.  The Court indicated that           
          the case would be called at the calendar call and that the Court            
          expected petitioner to appear.  When the case was called at the             
          calendar call, petitioner did not appear.  Counsel for respondent           
          appeared and reported that petitioner was seen by a third party             
          in the Tampa, Florida, area the Friday before the Monday calendar           
          call.  The Court set the case for recall at a date later in the             
          calendar.  Petitioner was advised by telephone on the afternoon             
          of the calendar call of the date and time of the recall.  During            
          the telephone conversation, petitioner again suggested that he              
          was located in Las Vegas prior to and on the date of the call of            
          the calendar.  The Court suggested to petitioner that his case              
          might be dismissed if he failed to appear and prosecute the                 
          matter.  When petitioner later appeared at the trial session, he            
          did not refute respondent’s claim as to his presence in the                 
          Tampa, Florida, area.                                                       
               During the aforementioned conference call, petitioner also             
          requested a continuance claiming that he did not receive any of             
          the notices from respondent and the Court regarding the trial.              
          Petitioner claimed that he resided in Nevada and not Florida                
          during 1999 and 2000, despite the fact that he filed a petition             
          in 1999 with the Clearwater, Florida, address.  Further, in his             
          motion to continue dated March 31, 2000, petitioner used a                  






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