The corporate defendant brought a motion to adjourn the trial date after its counsel was removed from the record shortly before trial.
The plaintiff and defendants by counterclaim strongly opposed the adjournment, arguing the defendant's principal had delayed in retaining new counsel.
The pre-trial judge determined she had jurisdiction to hear the adjournment request under Rule 50.07.
Despite finding the defendant's principal largely responsible for the delay, the court reluctantly granted the adjournment to allow the unrepresented corporation to retain counsel, noting this was the first fixed trial date and there was no evidence of prejudice.
The adjournment was granted on peremptory terms with costs thrown away awarded to the opposing parties.
