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The Appeals Board rescinded the July 7, 2009 order dismissing Dr. Silver's lien claim because it was improperly based on an earlier notice of intention to dismiss that had become moot. The Board found that the lien claimant's objection to the initial notice and the subsequent scheduling of a new trial date effectively nullified the prior notice. The case was returned to the trial level for further proceedings, allowing the judge to issue a new notice or hold a status conference, and to consider sanctions against the lien claimant's representative for his failure to appear and alleged conduct.
Full Decision Text1 Pages
The Appeals Board rescinded the July 7, 2009 order dismissing Dr. Silver's lien claim because it was improperly based on an earlier notice of intention to dismiss that had become moot. The Board found that the lien claimant's objection to the initial notice and the subsequent scheduling of a new trial date effectively nullified the prior notice. The case was returned to the trial level for further proceedings, allowing the judge to issue a new notice or hold a status conference, and to consider sanctions against the lien claimant's representative for his failure to appear and alleged conduct.
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