South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Kendall Clark, d/b/a KC's MHP vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Kendall Clark, d/b/a KC's MHP

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
98-ALJ-07-0498-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING MOTION FOR RECONSIDERATION

This matter is before me pursuant to the Motion of the Petitioner, Kendall Clark, d/b/a KC's MHP, for reconsideration of this Court's Order dismissing this action for untimely filing, dated September 9, 1998. The grounds for which a motion for reconsideration can be granted under ALJD Rule 29(B) 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.



________________________________

Marvin F. Kittrell

Chief Judge

Columbia, South Carolina

October 20, 1998


Brown Bldg.

 

 

 

 

 

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