DISMISSED WITHOUT PREJUDICE: June 20, 2019
CBCA 6484
BES DESIGN/BUILD, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
David A. Horton, Daphne, AL, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA; and Donald Mobly, Office of General Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.
RUSSELL, Board Judge.
Order
On May 21, 2019, the Board ordered the parties to brief whether the Board had jurisdiction over this appeal. Both parties timely responded, with appellant moving for dismissal of the appeal without prejudice and the agency, in its separate brief, urging the same.
Under Board Rule 12(b)(2), the Board may dismiss an appeal with or without prejudice on a joint motion from the parties. Although the parties filed separately in response to the Board’s order, they seek the same relief. Thus, the Board will treat the parties’ filings as a joint request and, pursuant to Board Rule 12(b)(2), DISMISS WITHOUT PREJUDICE this appeal.
Beverly M. Russell
Board Judge
This is a verbatim capture of the text layer of the Board's own document in BES Design/Build, LLC, CBCA 6484. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.