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:
Janice Robinson vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioners:
Janice Robinson

Respondents:
South Carolina Budget and Control Board, Employee Insurance Program
 
DOCKET NUMBER:
07-ALJ-30-0494-AP

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL WITH PREJUDICE

THIS MATTER COMES BEFORE THE COURT upon request of the Petitioner Janice Robinson (“Petitioner”) for a contested case hearing to appeal the decision of Respondent South Carolina Budget and Control Board, Employee Insurance Program (“Respondent”), to discontinue her disability benefits. The Notice of Appeal was filed on September 26, 2007 and Appellant’s Brief was due on or before January 17, 2008. However, prior to that date, Petitioner informed the Court that the parties had reached a settlement of this matter and that after further consideration the Petitioner decided not to pursue her disability claim. Accordingly, Petitioner asks the Court to dismiss her disability claim with prejudice, but to also specify that such dismissal in no way affects Petitioner’s rights to her 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.

_________________________________

Honorable John D. McLeod

Administrative Law Judge

February 5, 2008

Columbia, South Carolina

I SO MOVE: I CONSENT:

_____________________________ ________________________________

Lynsey T. Kmetz, Esq. James T. Hedgepath, Esq.

Robert E. Hoskins, Esq. Michael T. Brittingham, Esq.

Foster Law Firm, L.L.P. Nexsen Pruet Adams Kleemeier, L.L.C.

Attorneys for Petitioner Attorneys for Respondent


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