Brendt L. Smith - Page 5

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          request [for a continuance] the day of trial”, denying the fraud            
          allegations, and requesting a trial.4                                       
          Petitioner’s Failure To Appear                                              
               We decline to grant petitioner’s request for additional                
          trial proceedings in this case because, on the basis of a review            
          of the entire record, we are persuaded that he had no adequate              
          justification for failing to appear at the initial trial and,               
          further, that he has engaged in a deliberate effort to delay a              
          resolution of this case.                                                    
               After receiving the notice setting this case for trial,                
          petitioner disregarded numerous attempts by respondent to discuss           
          stipulations and otherwise prepare the case for trial.  Instead,            
          32 days before the scheduled trial date, petitioner sent a                  
          letter, albeit to the wrong address, requesting a continuance.              
          On the basis of petitioner’s subsequent statements,5 we are                 
          persuaded that petitioner timed the submission of his request as            
          late as possible without triggering the more stringent                      
          requirements of Rule 133 for continuances that are sought within            





               4 Petitioner’s submission was filed by the Court as his                
          answering brief.                                                            
               5 In his response mailed the day before his answering brief            
          was due, petitioner complained that his request for a continuance           
          had been denied notwithstanding that his request had been made              
          “30 days prior to trial”.                                                   





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