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the 30-day period preceding trial.6 Moreover, petitioner’s
original request for a continuance demonstrates that there were
no family or medical exigencies that precluded his appearance at
the trial scheduled for April 7, 2003. In his request,
petitioner advised that his mother had been visiting relatives in
Florida for 2 months on account of her doctor’s advice regarding
pneumonia. According to petitioner, she was “doing well”, but he
needed to fly to Florida to drive her back to Indiana at the time
his trial was scheduled. We were unpersuaded that these
circumstances required petitioner to miss a trial date scheduled
5 months in advance. Accordingly, we set the matter for hearing,
but petitioner failed to appear. Having been advised in the
notice setting the case for trial that his failure to appear
might result in dismissal of the case and entry of decision
against him, petitioner voluntarily forfeited his right to
present evidence at a trial by failing to appear without having
been excused.
Moreover, petitioner’s failure to cooperate in preparing the
case for trial and his 11th-hour request for a continuance
conform with a pattern of dilatoriness in this proceeding. His
petition was not perfected until more than 5 months after its
6 Rule 133 provides that a motion for continuance that is
filed 30 days or less before a scheduled trial “ordinarily will
be deemed dilatory and will be denied unless the ground therefor
arose during * * * [the 30-day] period or there was good reason
for not making the motion sooner.”
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