In Re: Estate of Joe Mack Russell, Deceased

In this appeal, the Plaintiff argues that the trial court abused its discretion in dismissing his suit to contest a will and contends that the trial court should have held the case in abeyance instead. Upon motions of the Plaintiff, the trial court had continued trial of the will contest on two prior occasions to times requested by the Plaintiff. Given this finding and further findings that the Plaintiff never requested that the case be held in abeyance and that the Plaintiff neither filed a motion that the case be continued from the date of trial nor notified the trial court beforehand that he would not be present at trial, we affirm the judgment of the trial court and remand.