South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550 Fax: (803) 734-6400

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. J. Allen Eubanks

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
J. Allen Eubanks
 
DOCKET NUMBER:
98-ALJ-09-0068-CC

APPEARANCES:
n/a
 

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.


Brown Bldg.

 

 

 

 

 

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