ORDERS:
ORDER DENYING MOTION FOR RECONSIDERATION
This matter comes before me upon a Motion for Reconsideration filed by Petitioner.
Petitioner requests reconsideration of the March 9, 1998 Order rendered by this administrative
law judge in the above-captioned case. The Order followed a hearing conducted pursuant to the
August 28, 1997 Order of Circuit Court Judge Alexander S. Macaulay, remanding this matter to
the ALJD for disposition of Petitioner's Motion for Inspection of Documents and Temporary
Injunction and Petition for Writ of Mandamus. The March 9, 1998 Order dismissed the Petition
for Writ of Mandamus and Petitioner's other motions due to lack of subject matter jurisdiction.
The grounds for which a motion for reconsideration can be granted under ALJD Rule
29(C) and Rule 60(B), SCRCP are as follows:
1. mistake, inadvertence, surprise, or excusable neglect;
2. newly discovered evidence which by due diligence could
not have been discovered in time to move for a new trial under Rule 59(b);
3. fraud, misrepresentation, or other misconduct of an adverse party;
4. the judgment is void; or
5. the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.
The motion for reconsideration fails to set forth any of these grounds. On that basis, the
motion is denied.
AND IT IS SO ORDERED.
____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
March 27, 1998
Columbia, South Carolina
|