ORDERS:
ORDER
This
matter is an appeal by the South Carolina Department of Motor Vehicles (“Department”)
from a Final Order and Decision of the South Carolina Division of Motor Vehicle
Hearings (“DMVH”) issued May 17, 2007. The Department contends that the DMVH Hearing Officer erroneously determined that Kenneth C. Price (“Price”) had made
a showing of “good cause” under S.C. Code Ann. § 56-1-1090. It appears that
the five-year habitual offender suspension has run during the pendency of this
appeal and that Price is entitled to have his license reinstated in any event.
Therefore, the court finds that this appeal is moot. The South Carolina
Supreme Court has stated:
[Courts] will not
pass on moot and academic questions or make an adjudication where there remains
no actual controversy. A case becomes moot when judgment, if rendered, will
have no practical legal effect upon [an] existing controversy. This is true
when some event occurs making it impossible for [a] reviewing [c]ourt to grant
effectual relief.
Jones v.
Dillon-Marion Human Res. Dev. Comm’n, 277 S.C. 533, 536, 291 S.E.2d 195,
196 (1982); see also Byrd v. Irmo High Sch., 321 S.C. 426,
468 S.E.2d 861 (1996). Such is the case here. It is therefore
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
______________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
May 1, 2008
Columbia, South Carolina
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