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eBook details

• Title: Donnell Kirksey v. Hattie May Kirksey
• Author : Supreme Court of Alabama
• Release Date : January 29, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

HOUSTON, JUSTICE. Donnell Kirksey, pro se, sued Hattie May Kirksey Roberts, alleging breach of contract. On January 17, 1992, Roberts filed
an answer and a jury demand. On February 14, 1992, the trial court set the case for trial on July 27, 1992, with a docket
call to be held on July 24, 1992. Approximately five months after the trial court set the case for trial, Kirksey moved for
a continuance, saying " was incarcerated and unable to an order the Department of Corrections to transport to the Shelby
County Courthouse on the day of trial"; and that his "intended attorney . . . [could not] schedule his appearance for the
said date and required . . . additional time to retain another attorney." In the alternative, if the trial court denied his
motion for continuance, Kirksey requested that the trial court issue "a writ of habeas corpus ordering the Sheriff's Department
to transport from the Department of Corrections to the trial court." The trial court denied Kirksey's motion. Thereafter,
at the call of the docket, "being notified by way of [Kirksey's] motion for continuance . . . that Kirksey is incarcerated
and unavailable for trial," the trial court granted Roberts's motion to dismiss. Kirksey appeals, pro se. We affirm.

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