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:
Essie M. Wright vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Essie M. Wright, Administrator, E.M. Wright Care Center, Inc., # 2

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0522-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is currently pending before the South Carolina Administrative Law Judge Division. Pursuant to this tribunal's Order for Prehearing Statements dated October 2, 2000, each party was required to file Prehearing Statements with the Judge within fifteen (15) days from the date of the Order. The Respondent filed its Prehearing Statement on October 17, 2000. On October 19, 2000, I granted a twenty (20) days extension of time for the Petitioner to file its Prehearing Statement. To date, nothing has been received from the Petitioner.

ALJD Rule 23 provides that the Court may dismiss a contested case adverse to the defaulting party. A "default" occurs when a party fails to comply with any interlocutory order of the Judge. By virtue of the Petitioner's request for a contested case hearing, it has an obligation to defend its position. The Petitioner has not requested additional time to file its Prehearing Statement. "There is a limit beyond which the court should not allow a litigant to consume the life 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 this matter is DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.



______________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



January 5, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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