Opinion
35700-21S
06-06-2023
TRYANN ELIAS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Eunkyong Choi Special Trial Judge
This case was calendared for trial at the May 30, 2023, Winston-Salem, trial session of the Court. On March 20, 2023, respondent filed a Motion to Dismiss for Lack of Prosecution. By Order to Show Cause served March 22, 2023, petitioner was instructed to show cause in writing why respondent's Motion to Dismiss for Lack of Prosecution should not be granted, and a decision entered against petitioner for the amounts and year set forth in respondent's Motion. Petitioner did not file any response to the Order to Show Cause. This case was then called and recalled from the Trial Session of the Court at Winston-Salem, North Carolina on May 30, 2023. both petitioner and counsel for respondent appeared and were heard on the Motion. At that time respondent's counsel made an Oral Motion for continuance in order that the parties may work further to resolve the case. On May 31, 2023 the parties submitted a Proposed Stipulated Decision document.
Upon due consideration, and for cause more fully appearing in the transcript of the proceedings, it is hereby
ORDERED that respondent's Oral Motion for Continuance is granted and this case is continued. It is further
ORDERED that jurisdiction is retained by the undersigned. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed March 20, 2023, is denied as moot. It is further
ORDERED that the Court's Order to Show Cause served March 22, 2023, is discharged.