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wife, who is not an attorney or a party to this case, “appeared”
with a “special power of attorney”. Petitioner’s wife stated
that petitioner was out on his boat fishing because it was
fishing season.
After admonishing petitioner’s wife regarding petitioner’s
failure to appear, the Court asked respondent’s counsel if he was
prepared to file a written motion to dismiss for lack of
prosecution. Respondent’s counsel answered that he was not. The
Court rescheduled petitioner’s case for the next day, June 27,
2003, at 10 a.m. Respondent’s counsel advised the Court that he
would file a motion to dismiss for lack of prosecution if
petitioner did not appear at that time, and the Court stated that
the motion would be granted if petitioner did not appear. The
Court further stated that we would hear argument on respondent’s
request to impose sanctions on June 27, 2003.
That same day, respondent filed a supplemental declaration,
with attached exhibits, in support of his motion for summary
judgment.
On June 27, 2003, at 10:55 a.m., petitioner appeared. At
this hearing, petitioner made frivolous and groundless arguments.
That same day, petitioner filed a response to respondent’s motion
for summary judgment and imposition of a penalty that contained
frivolous and groundless arguments. Petitioner also filed the
motion to strike.
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