ORDERS:
ORDER DENYING MOTION FOR RECONSIDERATION
On May 1, 2001, Donna J. Jackson, Counsel for Petitioners, filed a Motion For Reconsideration
requesting this tribunal to reconsider its Final Order and Decision in the above-captioned case filed on
May 1, 2001. Petitioners' motion was captioned as a "Motion for Reconsideration" but was based on
Rule 59(e), SCRCP, regarding Motions to Alter or Amend a Judgment. This tribunal will consider this
motion as a "Motion for Reconsideration" pursuant to ALJD Rule 29(D), which incorporates Rule
60(b), SCRCP, by reference.
In interpreting Rule 60(b), SCRCP, the South Carolina Supreme Court stated in Bennett v. City of
Clemson that, "a motion for reconsideration should only be granted when there is good cause, such as
newly discovered evidence, fraud, surprise, mistake, inadvertence, or change in conditions." 293 S.C.
64, 358 S.E.2d 707 (1987). Under the Bennett analysis, Petitioners' motion must be denied.
ORDER
IT IS HEREBY ORDERED that Petitioners' Motion is respectfully denied.
AND IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
May 22, 2001
Columbia, South Carolina |
