ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
The Petitioner, Donna Marie Sloan, has informed the Court by letter dated January 4, 1999,
that she is withdrawing her request for a contested case hearing in this matter due to health reasons.
Therefore, pursuant to ALJD Rule 52 and SCRCP 41(a), this matter is hereby voluntarily dismissed
without prejudice, with leave to reinstate. To reinstate this matter on the Administrative Law Judge
Division's docket, Petitioner must file a request to vacate the dismissal and reinstate the case, with
notice to the Division and to all parties. As Petitioner's initial contested case hearing request in this
matter was timely filed, if the matter is subsequently reinstated, Petitioner's rights shall not be
prejudiced by this dismissal. See Mende v. Conway Hospital, Inc., 304 S.C. 313, 404 S.E.2d 33
(1991); Botany Bay Marina, Inc. v. Townsend, 296 S.C. 330, 372 S.E.2d 584, 585-86 (1988); 27
C.J.S. Dismissal and Nonsuit § 44.
IT IS THEREFORE ORDERED that this matter be dismissed without prejudice.
AND IT IS SO ORDERED.
__________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
January 11, 1999 |
