Monday, December 22, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Robert Mark Opsahl

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondent:
Robert Mark Opsahl
 
DOCKET NUMBER:
06-ALJ-21-0423-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

This matter is an appeal by Respondent Robert Mark Opsahl from an Order of the South Carolina Division of Motor Vehicle Hearings (“DMVH”). Respondent appeals DMVH’s Order denying a request for a continuance made on behalf of Mr. Opsahl’s attorney, Stanley L. Myers. Upon consideration of Respondent’s Notice of Appeal and Petition for Mandamus, the DMVH’s Order is vacated and this matter is remanded to the DMVH for a new hearing.

Stanley L. Myers is the attorney for Respondent in the above referenced matter. On April 20, 2007, the office of Mr. Myers requested a continuance due to Mr. Myers’ impending deployment to Afghanistan. This request was denied by the DMVH Hearing Officer.

S.C. Code Ann § 25-1-2260 (Rev. 2007) provides, in pertinent part:

It is the duty of a judge of a court of this State to continue a case in the court on or without motion when a party to it or his leading attorney is absent from court when the case is reached by reason of his attendance on active duty as a member of the National Guard or reserves…If counsel is absent, it shall be necessary for his client to make oath that he cannot safely go to trial without the absent attorney….

Mr. Myers serves in the South Carolina National Guard and has been deployed to Afghanistan. Consequently, he will not be able to attend the scheduled hearings regarding the above referenced matter until he returns. Moreover, Mr. Opsahl has executed a sworn statement that he cannot safely go to trial without the services of Mr. Myers.

Based upon the foregoing, I hereby vacate DMVH’s Order denying Respondent’s request for a continuance in the above referenced matter and remand this case to the DMVH for a new hearing.

ORDER

IT IS HEREBY ORDERED that the DMVH’s Order is vacated and this case is remanded to the DMVH for a new hearing.

IT IS FURTHER ORDERED that a hearing on this matter shall be continued until Mr. Myers is able to attend as counsel for Respondent.

AND IT IS SO ORDERED.

______________________________

John D. McLeod

Administrative Law Judge

May 21, 2007

Columbia, South Carolina


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