ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of February 4, 1998, each party was required to file
prehearing statements with the Administrative Law Judge Division and serve all parties within
fifteen (15) days of the order. However, the Respondent, J. Allen Eubanks, has not responded to
the order for prehearing statements nor to a letter dated March 19, 1998. ALJD 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.
ALJD Rule 23 (1997) (emphasis added).
By virtue of the Respondent's request for appeal, he has an obligation to defend his position.
Respondent has not requested an extension or enlargement of time pursuant to ALJD Rule 3B to
comply with this tribunal's order, but rather has been unresponsive to all communications.
Respondent has been given abundant opportunity to comply. "There is a limit beyond which the
court should not allow a litigant to consume the time of the court...." Georganne Apparel, Inc. v
Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
April ___, 1998
Columbia, South Carolina. |