ORDERS:
ORDER OF DISMISSAL PURSUANT TO SCRP RULE 40(J)
This matter is before me upon Petitioners’ Motion for Request for Six Month Delay in Rescheduling Contested Case Hearing. On August 4, 2005, this Court conducted a telephone conference with counsel for all parties. During that conference, Petitioners’ counsel amended their Motion seeking alternative relief in the form of a dismissal in accordance with SCRCP 40(j). This Court has the discretion to apply the South Carolina Rules of Civil Procedure in furtherance of this Court’s jurisdiction. Moreover, all parties provided their verbal consent, in the telephone conference of August 4, 2005, to dismissal of this contested case in accordance with SCRCP Rule 40(j).
It is, therefore, Ordered, that the above-captioned contested case be, and it is hereby, dismissed in accordance with SCRCP 40(j). This dismissal is without prejudice, and provides the protections expressly contained in SCRCP 40(j), provided, however, that the Petitioners’ must move before this Court to restore this contested case appeal within one year of the date of entry reflected on this Order.
AND IT IS SO ORDERED.
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The Honorable Carolyn C. Matthews
Administrative Law Judge
August 17, 2005
Columbia, SC |
