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KIRKSEY v. ROBERTS

1920260.

613 So.2d 352 (1993)

Donnell KIRKSEY v. Hattie May Kirksey ROBERTS.

Supreme Court of Alabama.

January 29, 1993.

Attorney(s) appearing for the Case

Donnell Kirksey, pro se.

Frank C. Ellis, Jr. and J. Frank Head of Wallace, Ellis, Fowler & Head, Columbiana, for appellee.

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 "[he] was incarcerated and unable to [obtain] an order [from...

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