ORDERS:
ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before me pursuant to the Motions of the Petitioners, Al Driver and Kendall
Clark, d/b/a Seven Palms 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 motions for reconsideration fail to set forth any of these grounds. On that basis, the
motions are denied.
AND IT IS SO ORDERED.
________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
October 20, 1998 |