Freeman
Freeman v. Sullivant
Opinion
Lead Opinion
Grimes, J.
SUMMARY
Tina Freeman sought a civil harassment restraining order against Shari Sullivant, claiming that her lifelong friend had burglarized her home and made threats against Freeman, her mother, and her daughter. A temporary restraining order (TRO) was issued, and at the hearing on the petition, Sullivant’s appearance attorney sought a continuance, arguing that Sullivant’s retained counsel was otherwise engaged. The trial court denied the continuance, finding no “good cause” and, after giving the appearance attorney a short time to prepare, held the hearing. Finding clear and convincing evidence in support of the requested order, the court issued a permanent restraining order. Some weeks later, first by ex parte application and then by noticed motion, Sullivant’s counsel sought to set aside the judgment, arguing that the requested continuance was statutorily guaranteed and not subject to the “good cause” standard used by the trial court. Those motions were denied. This timely appeal followed.
FACTS
Freeman and Sullivant were lifelong friends and neighbors, and their young daughters were also friends. When Freeman noticed that her money *526 was missing, she purchased a…