ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
On January 12, 1996, the above-referenced case was filed with the Administrative Law Judge
Division (Division). On May 14, 1996, the undersigned judge ordered this matter stayed until the
factual issues were resolved in a pending case in the Court of Common Pleas for Kershaw County.
As of February 27, 1997, the Division's case is 413 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, Petitioner shall
move to reinstate the case, with notice to the Division and to all parties. Since Petitioner's initial
appeal request in this matter was timely filed, Petitioner'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 27th day of February, 1997
Columbia, South Carolina |
