Brendt L. Smith - Page 6

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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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