462 S.E.2d 452 | Ga. Ct. App. | 1995
John Matthews petitioned for 12 months support from the estate
“It is well established that all continuances for which express provision has not been made are granted or denied in the discretion of the trial court, and this court will not reverse such decisions absent a clear abuse of discretion. OCGA § 9-10-167 (a); [cit.]” Payton v. Green, 179 Ga. App. 438, 439 (2) (346 SE2d 884) (1986). In the instant case, the continuance was not sought due to the absence of a party, leading counsel or a witness as expressly provided in OCGA §§ 9-10-154; 9-10-155; 9-10-160, respectively. Thus, we must determine whether the trial court abused its discretion in refusing to grant a continuance.
To this end, we find the Georgia Supreme Court’s decision in Horshaw v. Cook, 16 Ga. 526 (1854) controlling. In that case, based on similar circumstances, the court affirmed the trial court’s denial of a continuance, finding that “[t]he law required the defendant to have [the] papers at Court, that he might be in readiness for trial. It was at his own risk, therefore, and manifested a want of proper diligence, when he permitted another, especially one who was not his leading Counsel, to keep them in his possession, and away from Court.” Id. at 527. See also OCGA § 9-10-166. Accordingly, we find no abuse of discretion in the trial court’s denial of Matthews’ motion.
Judgment affirmed.