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:
James W. Franks vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
James W. Franks

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
99-ALJ-09-0263-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this tribunal's order of June 4, 1999, each party was required to file a prehearing statement with the Administrative Law Judge Division and serve all parties within twenty days of the date of the order. However, Petitioner has not responded to this tribunal's order for a prehearing statement or to a letter from this tribunal dated June 29, 1999, requesting the filing of a prehearing statement by July 4, 1999. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule 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 respond 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 Petitioner's request for a contested case, he has an obligation to advance his position. Petitioner 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. Petitioner 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.





________________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1677



July 13, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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