Kelly Sue Tipton, Petitioner, and Darren L. Darilek, Intervenor - Page 8

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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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