South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
James W. Adkins and Florence P. Adkins vs. York County Assessor

AGENCY:
York County Assessor

PARTIES:
Petitioners:
James W. Adkins and Florence P. Adkins

Respondents:
York County Assessor
 
DOCKET NUMBER:
07-ALJ-17-0488-CC

APPEARANCES:
For Petitioner:
No Appearance

For the Respondent:
Michael K. Kendree, Esquire
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before the Administrative Law Court (ALC or Court) pursuant to a request for contested case hearing. A hearing was held on May 20, 2008 at the offices of the ALC in Columbia, South Carolina. Respondent was present at the hearing. However, the Petitioner, after receiving notice from the Court, did not appear at the hearing and did not notify the Court that they would not be appearing.

After waiting approximately fifteen (15) minutes for the Petitioner to appear, the Court commenced this hearing. Upon Motion of Respondent, the Court then dismissed this action under Administrative Law Court Rule 23. ALC Rule 23 provides:

The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party.


Because the Petitioner did not appear before the Court and did not otherwise contact this tribunal to notify the Court that they would be late or absent,

IT IS HEREBY ORDERED that the above-captioned case is DISMISSED with prejudice.

AND IT IS SO ORDERED.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

May 22, 2008

Columbia, South Carolina


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