ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to Petitioner’s request for a contested case hearing
following Respondent’s issuance of an Administrative Enforcement Order for the construction of a
bulkhead structure out of compliance with the issued permit, OCRM-00-017-M, for Lot 5, Shell
Creek Landing Road, Kiawah Island, Charleston County. On September 4, 2003, this tribunal issued
a Notice of Hearing and Order for Pretrial Briefs scheduling this matter for hearing on October 28,
2003 and requiring the parties to file Pretrial Briefs by October 8, 2003. The Order for Pretrial Briefs
informed the parties that failure to timely file and serve the Pretrial Briefs will result in a finding of
default pursuant to ALJD Rule 23 and may result in dismissal or termination of the action adverse
to the defaulting party. As of the date of this Order of Dismissal, this tribunal has not received a
Pretrial Brief from either party, nor has either party contacted this tribunal to request an extension
of the filing date.
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead
or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative
law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the
defaulting party.
Adequate notice was given to the parties of the terms of the Order for Pretrial Briefs and the
consequences for failure to comply. The parties were provided 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). As
the parties have failed to submit Pretrial Briefs as ordered by this tribunal, I find that the parties are
in default and that this case should be dismissed under ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed;
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 15, 2003
Columbia, South Carolina |
