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Onwuteaka v. Gill9/7/1995
The appellant, Joseph Onwuteaka, appeals a post-answer default judgment rendered against him in favor of the appellee, Jean Gill, and the trial court's decision to strike Onwuteaka's plea in intervention that he filed in a suit between Mrs. Gill and Wayne Brown. We reverse and remand.
I. Summary of Facts
At the trial and the hearing on Onwuteaka's post-trial motions to reinstate and motions for new trial, the trial court considered the following evidence about the events in controversy. Mrs. Gill was injured in an automobile accident on February 13, 1991, and she retained Onwuteaka to file suit on her behalf. Onwuteaka filed suit on July 27, 1992, against Wayne Brown, the driver of the other car. However, Mrs. Gill became dissatisfied with Onwuteaka's representation and fired him in September of 1992. Mrs. Gill hired Leona Jaquette to represent her, and Jaquette referred the case to James Moore. Based upon his original contract with Mrs. Gill, Onwuteaka intervened in the case pro se and sought a contingency fee to be paid from the damages award, if any, that she received in the case. Mrs. Gill filed a counterclaim against Onwuteaka and asserted negligence and breach of contract arising from the handling of her case.
Cynthia DeJean, the court clerk, talked with Onwuteaka the week before trial and notified him that the case was on "standby" for trial at 1:00 p.m. on February 21, 1994. Onwuteaka appeared in court at l:00 p.m. as scheduled, and the record shows that he filed pretrial motions at 1:08 p.m. Both the court and DeJean again told Onwuteaka that the case was on "standby", and the court informed him that his case was the only case set on the docket for that day. DeJean told Onwuteaka that she would call him as soon as the case had been assigned, and he seemed to understand her instructions.
The court later told DeJean to have the parties in court at 3:00 p.m., and DeJean notified Onwuteaka's office at 1:50 p.m. that Onwuteaka needed to be in court at 3:00 p.m. for trial without his client. Onwuteaka was not in his office when DeJean called. He testified that he stayed in the courthouse until 2:30 p.m. to finish other business that he had at the clerk's office. When DeJean called Onwuteaka's office, Theresa Garcia, his receptionist, said that she would inform Onwuteaka that his case had been called for trial. Garcia testified that she was unable to reach Onwuteaka, so she left a message on his car phone. Onwuteaka denied receiving the message.
Onwuteaka was not present when the court called the case for trial at 3:00 p.m. The court delayed hearing the case while DeJean again attempted to contact Onwuteaka. DeJean called Garcia and told her that the case was in trial and that Onwuteaka had not yet arrived. Garcia told DeJean that she would try again to contact Onwuteaka and let him know that he was needed in trial. Garcia called DeJean back and said that she had finally caught up with Onwuteaka. Garcia testified that she did not speak with Onwuteaka until he arrived back at his office around 3:40 p.m. Upon learning that the trial had started at 3:00 p.m., Onwuteaka immediately left for the courthouse. Onwuteaka testified that he told Garcia to call and notify DeJean that he was on his way and would be there around 4:30 p.m. Garcia testified that she did so, but DeJean testified that Garcia did not say when Onwuteaka would arrive in court. The court asked DeJean whether Garcia "gave any indication that Onwuteaka would arrive soon, or was in any rush to arrive here." DeJean answered, "No rush." The court then stated, "That being the case, counsel, I'm ready to proceed. We've waited for an hour for Mr. Onwuteaka. Please proceed."
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