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immunity from dismissal for failing to appear at trial and
properly prosecute any claims or defenses he may have after he
was properly given notice of the trial. Despite being sent
notice from the Court and from respondent that trial was
scheduled for October 30, 2006, in Atlanta, Georgia, intervenor
failed to appear for his “day in court” to protect whatever
rights he had to intervene. Accordingly, intervenor has failed
properly to prosecute any claims or defenses he may have, and
those claims or defenses may be dismissed. Consequently, we will
grant respondent’s motion to dismiss for failure properly to
prosecute. Additionally, we will file the proposed stipulated
decision signed by petitioner and respondent as a stipulation of
settled issues between petitioner and respondent and enter a
decision in accordance with that stipulation.
To reflect the foregoing,
An appropriate order and
decision will be entered.
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Last modified: May 25, 2011