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Page v. Crawford11/15/2005
"Motion for Leave to Serve Process Out of Time" and Crawford's "Motion to Dismiss." In the circuit court's order, following remand, he states that "there is no need for additional arguments or briefs since the parties' respective motions have already been fully addressed by the parties through briefs and oral arguments, and there being no change in the underlying facts since this is court's previous consideration of the parties' motions . . . ." The court went on to determine that Page had not shown good cause at this previous hearing and ordered Page's "Motion for Leave" be denied and Crawford's "Motion to Dismiss" be granted. The circuit court's order to dismiss without a hearing was within its prerogative and it clearly states that no further hearing is necessary. We will defer to the trial court when making evidentiary rulings in motion practice.
. Finding that the order entered by the Circuit Court of Lee County conforms to our earlier opinion in this case and that the circuit court judge did not abuse his discretion, we affirm.
. THE JUDGMENT OF THE CIRCUIT COURT OF LEE COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE, P.J., BRIDGES, IRVING, CHANDLER, GRIFFIS, AND ISHEE, JJ., CONCUR.
BARNES, J., NOT PARTICIPATING.
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