Saturday, August 23, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Kenneth C. Price

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Kenneth C. Price
 
DOCKET NUMBER:
07-ALJ-21-0271-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is an appeal by the South Carolina Department of Motor Vehicles (“Department”) from a Final Order and Decision of the South Carolina Division of Motor Vehicle Hearings (“DMVH”) issued May 17, 2007. The Department contends that the DMVH Hearing Officer erroneously determined that Kenneth C. Price (“Price”) had made a showing of “good cause” under S.C. Code Ann. § 56-1-1090. It appears that the five-year habitual offender suspension has run during the pendency of this appeal and that Price is entitled to have his license reinstated in any event. Therefore, the court finds that this appeal is moot. The South Carolina Supreme Court has stated:

[Courts] will not pass on moot and academic questions or make an adjudication where there remains no actual controversy. A case becomes moot when judgment, if rendered, will have no practical legal effect upon [an] existing controversy. This is true when some event occurs making it impossible for [a] reviewing [c]ourt to grant effectual relief.

Jones v. Dillon-Marion Human Res. Dev. Comm’n, 277 S.C. 533, 536, 291 S.E.2d 195, 196 (1982); see also Byrd v. Irmo High Sch., 321 S.C. 426, 468 S.E.2d 861 (1996). Such is the case here. It is therefore

ORDERED that this appeal is DISMISSED.

IT IS SO ORDERED.

______________________________

PAIGE J. GOSSETT

Administrative Law Judge

May 1, 2008

Columbia, South Carolina


~/pdf/070271.pdf
PDF