5-3-12. Requirements for dismissal by reviewing court.

Except for a final decision on the merits, a reviewing court shall not dismiss a petition for review unless the reviewing court finds one or more of the following:#

1. (1)

   The petition for review was not filed within the time prescribed or extended;#

2. (2)

   The reviewing court lacks jurisdiction;#

3. (3)

   The question presented by the petitioner is moot;#

4. (4)

   The absence of a justiciable controversy;#

5. (5)

   The failure of a petitioner to prosecute; or#

6. (6)

   The failure of a petitioner to comply with the provisions of this chapter or any court rule or order.#

The reviewing court shall not immediately dismiss a petition for review because of any defect in the petition for review, bond, or affidavit of indigence, or because of the failure of the lower judicatory to transmit any document.#

The reviewing court shall give the petitioner a reasonable opportunity to amend a petition for review, bond, or affidavit of indigence for the purpose of curing any defect. The reviewing court may impose such filing deadlines for amendments under this subsection as may be necessary to permit a just and expeditious review of a petition for review.#

The reviewing court shall not immediately dismiss a petition for review for failure to perfect service on any party if the party obligated to perfect service shows due diligence in attempting to timely perfect service.#

The consent of all parties shall be required for voluntary dismissal of a petition for review if:#

1. (1)

   The appeal is a de novo proceeding and a counterclaim is pending; or#

2. (2)

   A motion for relief under Code Section 9-15-14 is pending.#