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BARRETT-SMITH v. BARRETT-SMITH

No. 25623-1-II.

38 P.3d 1030 (2002)

In re the Marriage of Charles BARRETT-SMITH, Respondent and Cross-Appellant, v. Cindy BARRETT-SMITH, Appellant and Cross-Respondent.

Court of Appeals of Washington, Division 2.

January 25, 2002.

Attorney(s) appearing for the Case

Nathan James Neiman, Attorney At Law, Redmond, Counsel for Appellant.

Edward Marshall Lane, Smith Alling Lane P.s., Tacoma, Counsel for Respondent.

QUINN-BRINTNALL, J.

On the opening day of a dissolution trial, Cindy Barrett-Smith moved for a continuance based on her medical condition and lack of representation. The judge pro tempore denied her request. On appeal, Cindy asserts that her motion for continuance was improperly denied; Charles Barrett-Smith concedes the trial court erred in denying the continuance and that a new trial is warranted. Based on this concession, we reverse.

Although each asserts...

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