Opinion
12936-22
04-05-2023
JAMES A. BURNHAM, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Cary Douglas Pugh Judge
This case set for trial at the Court's April 3, 2023, Miami, Florida, trial session. On March 13, 2023, petitioner filed a Pretrial Memorandum indicating that this case was for probable trial. On that same date respondent filed a Motion to Dismiss for Failure to Properly Prosecute, advising that respondent did not expect petitioner to appear at trial. When the case was called from the calendar on April 3, 2023, both parties appeared and lodged a stipulation of settled issues. Also on April 3, 2023, respondent filed a Stipulation of Settled Issues.
Upon due consideration and for cause, it is hereby
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute, filed March 13, 2023, is denied as moot. It is further
ORDERED that, on or before June 2, 2023, the parties shall file a stipulated decision document or status reports regarding the then-current status of the case.