Bembry v. Pugh

Decision Date01 March 1988
Docket NumberNo. 75777,75777
PartiesBEMBRY v. PUGH.
CourtGeorgia Court of Appeals

Sidney L. Moore, Jr., Decatur, for appellant.

William F.C. Skinner, Jr., Decatur, for appellee.

CARLEY, Judge.

Appellee-plaintiff initiated this dispossessory action against appellant-defendant. Appellant was not present at the trial of the action due to his incarceration or unrelated criminal charges. Appellant's counsel, however, elected to proceed without him. Appellant appeals from the trial court's denial of his motion for new trial.

Appellant's sole enumeration is that his absence from the trial of the action necessitates that a new trial be conducted. Where, as here, "[c]ounsel goes to trial without the presence of the defendant, but makes no motion for a continuance and does not suggest [her] desire to have [her] client present at the trial, it will not require the granting of a new trial. This is true even though the defendant contends he possesses evidence which would have brought the trial to a different conclusion.... The trial judge did not err in overruling the motion for a new trial. [Cits.]" Burkhalter v. Durrence, 93 Ga.App. 374, 374-375, 91 S.E.2d 774 (1956).

Judgment affirmed.

BANKE, P.J., and BENHAM, J., concur.

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3 cases
  • Zappa v. Automotive Precision Machinery, Inc., A92A1065
    • United States
    • Georgia Court of Appeals
    • 14 Septiembre 1992
    ...and, since he was represented at trial by counsel, who was present, the reason for Joe's absence was irrelevant. Bembry v. Pugh, 186 Ga.App. 144, 366 S.E.2d 812 (1988). Appellants' argument concerning the admissibility of similar evidence contained in Joe's answers to written interrogatorie......
  • Bryant v. State, 75759
    • United States
    • Georgia Court of Appeals
    • 1 Marzo 1988
  • Goodman v. Lake Buckhorn Estates Homeowners Ass'n, Inc., A96A2350
    • United States
    • Georgia Court of Appeals
    • 20 Febrero 1997
    ...evidence which would have brought the trial to a different conclusion." (Citations and punctuation omitted.) Bembry v. Pugh, 186 Ga.App. 144, 366 S.E.2d 812 (1988). Rather than objecting or moving for a continuance, Goodman's attorney agreed to proceed on the merits. This agreement was cons......

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