South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
James E. McAbee vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioners:
James E. McAbee

Respondents:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
06-ALJ-30-0565-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL WITH PREJUDICE

THIS MATTER COMES BEFORE THE COURT upon motion of the Petitioner to dismiss his disability claim with prejudice. Petitioner has advised the court that after further consideration he has decided not to pursue his disability claim. Accordingly, Petitioner has asked the court to dismiss his disability claim with prejudice, but to also specify that such dismissal in no way affects Petitioner’s rights to his pension monies and rights otherwise. The Respondent consents to the Petitioner’s motion and agrees that this dismissal shall not affect Petitioner’s pension rights and entitlements in any way except as to his disability claim. Accordingly, for good cause shown, the matter sub judice is dismissed with prejudice pursuant to S.C.R.Civ.P. 41(a)(2).

WHEREFORE, it is ORDERED, ADJUDGED and DECREED that the matter sub judice is dismissed with prejudice pursuant to S.C.R.Civ.P. 41(a)(2).

AND, IT IS SO ORDERED.

__________________________________

The Honorable Marvin F. Kittrell

Chief Administrative Law Judge

Date: November 27, 2006

I SO MOVE: I CONSENT:

__________________________ ________________________________


Robert E. Hoskins, Esq. Kelly Rainsford, Esq.

Foster Law Firm, L.L.P. State Budget and Control Board

Attorneys for Petitioner Attorneys for Respondent


Brown Bldg.

 

 

 

 

 

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