Background
James and Levi Garrett appealed a district court ruling that denied a motion for a continuance and entered judgment based on a jury verdict regarding damages from breached real estate agreements. The Garretts had previously been represented by attorneys who withdrew before the appeal.
The court’s reasoning
The court concluded that the denial of the continuance was not an abuse of discretion, particularly noting the request was signed only by Levi Garrett after the attorneys withdrew. The court also declined to consider challenges to the jury trial or the entry of judgment because those issues were not raised in the district court.
What it means going forward
The decision reinforces the requirement that appellate challenges must be preserved in the district court and limits the ability of pro se litigants to seek delays or represent others in legal proceedings.
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