ORDERS:
PETITIONER FOR REHEARING OR, IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND JUDGMENT
TO: The Honorable Ralph King Anderson, III, and Frank
L. Valenta, Esquire, Kelli M. Maddox, Esquire & Michael D. Truesdale,
Esquire, Attorneys for Appellant above named:
In accordance with Rule
221 of the South Carolina Appellate Court Rules,
Rule 29 (D) of the Rules of Procedure for the Administrative Law Court and Rule
59 (e) of the South Caroline Rules of Civil Procedure, Respondent hereby moves
for a Rehearing of this matter or, in the alternative for an Order altering or
amending this Court’s Order reversing the DMVH Hearing Officer’s decision in
the above referenced case filed August 25, 2006.
Pursuant to S.C. Code
Ann. § 1-23-380(A)(6) (2005), this Court can reverse if substantial rights of
DMV have been prejudiced. See also, Tall Tower, Inc. v. South
Carolina Procurement Review Panel, 294 S.C. 225, 363 S.E.2d 683 (1987)
(holding lower court erred in failing to reverse pursuant to § 1-23-380 when
evidence in the record indicated substantial rights were “greatly
prejudiced”). DMV made no such argument and nothing in this record even
remotely suggests that DMV has been prejudiced. Further, this Court’s ruling
failed to address how, if at all, substantial rights of DMV were prejudiced
based upon the existing record. At no time did the arresting officer testify
or present a witness indicating how DMV or the arresting officer would be
prejudiced if the suspension was rescinded. Accordingly, the Hearing Officer’s
Order should have been affirmed and this Court should reverse its Order filed
August 25, 2006.
MOORE,
TAYLOR & THOMAS, P.A.
By:_____________________________
Heath P. Taylor
1700 Sunset Boulevard
Post Office Box 5709
West Columbia, South Carolina 29169
(803) 796-9160
and
Pete G. Diamaduros
White, Diamaduros & Diamaduros
108 West South Street
Post Office Drawer 643
Union, South Carolina 20379
(864) 429-4744
Attorneys for Respondent
West Columbia, South Carolina
August 29, 2006
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