ORDERS:
ORDER OF DISMISSAL
THIS
MATTER COMES before me at the request of the Petitioner, South Carolina
Department of Labor, Licensing and Regulation, Perpetual Care Cemetery Board,
pursuant to its Motion to Compel Respondent to produce documents and records
required to be maintained by Port Elsewhere II, Inc., in accordance with a
subpoena which was issued and served upon the Respondent on November 19, 2006.
The Court was
notified by letter dated April 4, 2007 that Petitioner received sufficient
responses to the subpoena and wished to withdraw its Motion to Compel and that
the hearing set for April 4, 2007 concerning the same was no longer necessary.
A "moot" case exists where a judgment rendered by the
court will have no practical legal effect upon an existing controversy because
an intervening event renders any grant of effectual relief impossible for the
reviewing court. Sloan v. Friends of Hunley, Inc., 369 S.C. 20, 630 S.E.2d
474 (2006). Since the issue
before the Court is moot,
IT
IS THEREFORE ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 41(a)(2)
of the South Carolina Rules of Civil Procedure, this action, including all
claims herein asserted by all parties, is hereby dismissed.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
South Carolina
Administrative Law Judge
October 4, 2007
Columbia, South Carolina
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