In re Ginger Evelyn Brazzel 2011 Inter Vivos Trust and Brazzel Testament Trust F/B/O Ginger Evelyn Brazzel

Summary

The Louisiana Second Circuit Court of Appeal affirmed the denial of motions by pro se trust-management committee members to continue trial and amend the pretrial order. The court held that the trial court did not abuse its discretion because the parties had remained unrepresented for four years, the trial had previously been continued, and they failed to comply with pretrial scheduling requirements.

Holdings

1. The trial court did not abuse its discretion by denying Jonker and Smith's motion to continue the trial. Their lack of counsel resulted from their longstanding decision not to retain counsel, the trial had already been continued once, and the eleventh-hour request to obtain counsel did not constitute good ground for another continuance.
2. The trial court did not abuse its discretion by enforcing the pretrial order and refusing to allow Jonker and Smith, on the eve of trial, to adopt the witness and exhibit lists of their dismissed co-plaintiffs.

Questions Presented

1. Whether the trial court abused its discretion by denying Jonker and Smith's motion to continue the rescheduled trial so they could obtain counsel after relying for four years on counsel for their co-plaintiffs.
2. Whether the trial court abused its discretion by denying Jonker and Smith's motion to amend the pretrial order to adopt the witness and exhibit lists of their dismissed co-plaintiffs.

Disposition

affirmed