A classic scene from a classic movie, one of the all-time greats. I can hear the voices.

Captain Renault: What in heaven’s name brought you to Casablanca?

Rick: My health. I came to Casablanca for the waters.

Captain Renault: The waters? What waters? We’re in the desert.

Rick: I was misinformed.

It worked for Humphrey Bogart as he confronted Claude Rains, but Garry Zephyr & Marthe R. Menard don’t fare so well, in Docket No. 22613-11S, filed 1/6/14, a designated hitter from the desk of STJ Lew (Love That Name) Carluzzo.

Having been bounced for failure to prosecute back in November, Zeph and Marthe want a vacation (that is, they move to vacate the decision entered on their default).

Unhappily for them,  STJ Lew isn’t buying.

STJ Lew: “In a Notice Setting Case for Trial, served on petitioners by the Court on May 28, 2013 (notice), they were advised as to the time, date and location of trial. The information shown on that notice is straight forward, and the address of the court room where the trial was scheduled to take place is shown separately immediately following the caption of the case.

“According to petitioners’ motion, at the designated trial time, instead of appearing at the address for trial shown on the notice, they appeared at the offices of respondent’s counsel. According to petitioners, their error in this respect is attributable to misleading information contained in a letter they received from respondent’s counsel. A copy of the letter to which petitioners refer is attached to respondent’s response. Nothing in that letter suggests that the place of trial in this matter was at a location other than as shown in the notice.” Order, at p. 1.

This just might work once, but Zeph and Marthe are really trying it on.

Judge Lew: “Petitioners’ claim that they were confused as to the location of trial is not persuasive given that they used the same excuse for failing to appear at the designated trial location on a previously scheduled trial date.” Order, at pp. 1-2.

Not even a Taishoff “good try” for that one.