IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Small Claims
Income Tax
SUSAN LYNN HORNSBY
Plaintiff,
v.
DEPARTMENT OF REVENUE,
STATE OF OREGON,
Defendant.
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No. 020638C
DECISION AND JUDGMENT
OF DISMISSAL
This matter is before the court on its own motion to dismiss this case for want of
prosecution.
A case management conference was scheduled to begin at 9:00 a.m. on
October 10, 2002, to consider Plaintiff's appeal. The court sent notice of the scheduled
hearing to Plaintiff in a notice dated May 21, 2002. The notice was sent to Plaintiff at
14509 NE 43rd Street, Vancouver, WA 98682, which is the address Plaintiff provided to
the court. The notice was not returned as undeliverable.
On October 10, 2002, the court sent Plaintiff a letter, which explained the
importance of diligently pursuing an appeal. This letter was not returned as
undeliverable. The letter advised that if Plaintiff did not provide a written explanation by
November 8, 2002 for her failure to appear, the court would dismiss the appeal. As of
this date, Plaintiff has not contacted the court. Under such circumstances, the court
finds the appeal must be dismissed for want of prosecution.
A case may be dismissed when the participant seeking relief fails to appear. For
purposes of a telephone proceeding, a participant "appears" by being available at the
telephone number provided to the court by that participant on the date and at the time
DECISION AND JUDGMENT OF DISMISSAL CASE NO. 020638C
1
prescribed. Because Plaintiff failed to appear for the scheduled proceeding, the court
finds the case should be dismissed. Now, therefore,
IT IS HEREBY ADJUDGED AND DECREED that the Complaint is dismissed.
Dated this _____ day of December, 2002.
__________________________
DAN ROBINSON
MAGISTRATE
THIS DOCUMENT WAS SIGNED BY MAGISTRATE DAN ROBINSON ON
DECEMBER 5, 2002. THE COURT FILED THIS DOCUMENT ON DECEMBER 5,
2002.
DECISION AND JUDGMENT OF DISMISSAL CASE NO. 020638C
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