Opinion
19193-21
10-10-2023
ASHLEY SANDEROCK-MURPHY & B. MURPHY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler Judge.
This case was called from the calendar of the Court's Jackson, Mississippi, May 1, 2023, trial session. There was no appearance by or on behalf of the petitioners. Respondent appeared and was heard. On April 4, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute. At the conclusion of trial, respondent's Motion to Dismiss for Failure to Properly Prosecute was taken under advisement and the Court issued to petitioners an Order to Show Cause in writing as to why respondent's Motion to Dismiss for Failure to Properly Prosecute should not be granted, and a decision entered for the amount and for the year set forth in respondent's motion. The Court's mail was returned marked "Not Deliverable as Addressed, Unable to Forward".
On September 26, 2023, petitioner-wife filed a letter, however, the letter did not address respondent's Motion of Dismiss. The Court held a conference call with petitioner-wife and respondent's counsel. During the call, petitioner informed the Court of her new address. The Court encouraged the partis to stay on the call and the parties agreed to have settlement discussions.
Upon due consideration, it is
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is hereby denied as moot. It is further
ORDERED that the undersigned no longer retains jurisdiction over this case and is restored to the general docket.