Vann

Defendants Shilleh and Savoir Parking Service, Inc. (Savoir) appeal from a judgment against them, entered after a trial by the court in an action for breach of contract. The sole ground urged for reversal is that the trial court compelled the defendants to appear by defendant Shilleh, a nonlawyer, appearing in propria persona and refused to grant defendants a continuance to secure new counsel. For the reasons set forth below, we reverse the judgment.

Respondents Vann and Cutter filed a complaint against appellants, Shilleh and Savoir, on July 18, 1972. Appellants answered, their complaint with counsel identified as “The Law Office of Max Fink.” Trial was set for August 19, 1974. Attorneys for both sides began settlement negotiations.

On August 16, 1974, the Friday before the Monday set for trial, a form entitled “Substitution of Attorneys” executed by appellants Shilleh and Savoir, and Law Offices of Max Fink, by R. Stephen Duke was filed with the court clerk.

The circumstances leading to the substitution were as follows: On the Thursday night preceding trial, defendant telephoned his attorney to refuse to accept the settlement agreement that the two opposing attorneys…