(Download) "Dell Development Corporation v. Best Industrial Uniform Supply Company" by Fourteenth District, Houston No. C14-86-927-CV Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Dell Development Corporation v. Best Industrial Uniform Supply Company
- Author : Fourteenth District, Houston No. C14-86-927-CV Court of Appeals of Texas
- Release Date : January 25, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
JOE L. DRAUGHN, Justice In a breach of contract action, the trial court entered judgment in favor of appellee, Best Industrial
Uniform (Best). Appellant complains that the trial court abused its discretion in failing to grant a continuance due to absence
of counsel, and by denying a motion for new trial. We affirm the judgment. On May 29, 1986, Best filed an action in breach of contract and quantum meruit against Dell Development (Dell), a corporation.
W.D. York, Jr., president of Dell filed an answer on July 7, 1986. Trial was set for Sept. 11, 1986. Best was represented
by counsel at the trial. York, who is not a licensed attorney, appeared for appellant. The judge informed York that a corporation
could not represent itself pro se by an officer who is not an attorney. Nothing in the record indicates that York asked for
time to engage counsel. The judge heard the evidence presented by Best. He then noted for the record that Mr. York was not
an attorney and could not appear for the corporation. According to the record presented on appeal, no request, either verbal
or written, was made for a postponement or for additional time to allow York to hire counsel. The court then rendered judgment
for Best. After obtaining counsel, appellant filed a motion for new trial claiming that it had been extremely prejudiced,
and denied due process, by the court's failure to continue the case until York could engage counsel. The motion for new trial
was denied.
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