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 |
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. |