ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
On August 2, 1995, the above-referenced case was filed with the Administrative Law Judge
Division (Division). On January 22, 1996, the Honorable John L. Breeden, Jr., Master in Equity
for Horry County, South Carolina, ordered this matter stayed until the factual issues were
resolved in a pending case in the Court of Common Pleas involving the same parties and similar
issues. On April 8, 1996, the parties were ordered to submit a status report of the case in the
Court of Common Pleas every thirty days until that case was resolved. As of October 4, 1996, no
further action has occurred in the case in the Court of Common Pleas. As of February 3, 1997,
the Division's case is 551 days old. For the foregoing reasons, this action should be removed
from the active docket of the Division.
IT IS THEREFORE ORDERED that pursuant to ALJD Rule 52 and SCRCP 41(a) this matter is
hereby dismissed without prejudice. When this matter is ready for decision, Appellant shall move
to reinstate the case, with notice to the Division and to all parties. Since Appellant's initial appeal
request in this matter was timely filed, Appellant's rights shall not be prejudiced by this order. 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.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 3rd day of February, 1997
Columbia, South Carolina |
