ORDERS:
ORDER OF DISMISSAL
)
This matter comes before me on the joint motion of the South Carolina Department of Health and
Environmental Control (SCDHEC) and Tricounty Radiology Associates (Tricounty) to dismiss this contested
case, on the basis of mootness, and the cross motion of Trident Medical Center, LLC, d/b/a Trident Medical
Center (Trident), to consolidate the instant matter with the matter of Trident Medical Center, LLC, d/b/a
Trident Medical Center, and Charleston Radiologists, P.A. v. SCDHEC and Tricom Diagnostic Imaging,
LLC, docket number 01-ALJ-07-0155-CC. Prior to the motions hearing, Petitioner Charleston Radiologists
voluntarily withdrew with prejudice from this matter. All of the parties consented to their withdrawal.
Based upon the transcript of the deposition of Dr. John B. Hood, President of Tricounty, the Court finds that:
1. Tricounty originally purchased a "CT Aura" scanner (Georgia CT Scanner) from Phillips Medical Systems
which was operated subject to permit NA-00-77. On March 1, 2001, Tricounty sold the Georgia CT Scanner
to Tricom Diagnostic Imaging, LLC. The Georgia CT Scanner has been removed from the building in which
it was formerly located (Lot-A Tricom Street, North Charleston) and shipped to the State of Georgia.
2. Tricounty also owned other equipment that was in the building in which the Georgia CT Scanner was
installed. Additionally, Tiger Management, LLC, owned the building and the real property. On March 1,
2001, Tricounty sold the equipment in the building to Tricom Diagnostic Imaging, LLC. The land and
building originally housing the Georgia CT Scanner was sold by Tiger Management to Image Properties.
3. Neither Tricounty, nor any of its members, had any ownership interest in either of the new owners (i.e.,
Tricom Diagnostic Imaging or Image Properties).
"A case becomes moot when judgment, if rendered, will have no practical effect upon [the] existing
controversy." Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973).
Therefore, the issues raised in the instant action have been rendered moot by the sale of the Georgia CT
Scanner equipment and building to the new owners.
Based upon the above findings, IT IS HEREBY ORDERED that this case be dismissed with prejudice.
Furthermore, as a consequence of this dismissal, the motion for consolidation filed by Petitioner Trident is
likewise rendered moot. This dismissal, however, does not prejudice the right of Petitioner Trident to pursue
discovery relative to issues involved in the instant matter in the separate pending case captioned Trident
Medical Center, LLC d/b/a Trident Medical Center and Charleston Radiologists, P.A. v. SCDHEC and
Tricom Diagnostic Imaging, LLC, Docket No. 01-ALJ-07-0155-CC.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
July 20, 2001
Columbia, South Carolina |
