South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Collins Holding Corporation and Charles M. Hursey, d/b/a Tri-State Investment, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Collins Holding Corporation and Charles M. Hursey, d/b/a Tri-State Investment, Inc., d/b/a Cappuccino Plus, 4141 Dorchester Road, North Charleston, South Carolina 29405
 
DOCKET NUMBER:
99-ALJ-17-0396-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before me on Motion of Carol I. McMahan, Attorney for the Petitioner, South Carolina Department of Revenue (Department), who filed for an Order dismissing the above matter with prejudice on December 6, 1999. Petitioner states in its Motion to Dismiss that Respondent Hursey has surrendered his license in revocation and there remains no matter at issue. Also, Respodent Collins' video poker licenses have expired during the pendency of this appeal and the issue of their revocation is now moot.

"A case becomes moot when judgment, if rendered, will have no practical effect upon the existing controversy." Mathis v. S.C. State Hwy. Dept., 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). In this case, any decision by this Court will have no practical effect on the parties because the licenses at issue have either expired or have been surrendered in revocation. As such, the issues raised by Respondents' appeal are now moot.



IT IS THEREFORE ORDERED that the above-captioned case bearing docket number 99-ALJ-17-0396-CC is hereby DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.



________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

December 13, 1999.

Columbia, South Carolina.


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