CompFox AI Summary
The Appeals Board granted reconsideration and rescinded a dismissal order because the applicant was not properly served with the notice of intent to dismiss and the dismissal order itself. Defendant failed to provide the required 30-day notice to the applicant's current attorney before filing the petition to dismiss. Furthermore, the proof of service for the notice of intent was deficient. The case is returned to the trial level for further proceedings, including developing the record regarding potential grounds for dismissal and ensuring due process.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a dismissal order because the applicant was not properly served with the notice of intent to dismiss and the dismissal order itself. Defendant failed to provide the required 30-day notice to the applicant's current attorney before filing the petition to dismiss. Furthermore, the proof of service for the notice of intent was deficient. The case is returned to the trial level for further proceedings, including developing the record regarding potential grounds for dismissal and ensuring due process.
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