ORDERS:
ORDER OF DISMISSAL
A hearing in this matter was held at 2:00 p.m. on October 31, 1997, with a Notice of Hearing
previously provided to all parties more than thirty days prior to the hearing date.
Arlene D. Hand, Esq., Attorney for Respondent, was present at the hearing. Myron E.
Herring, Petitioner was not present at the hearing and had not given any prior notice that she would
not be present at the hearing. Petitioner failed to comply with the September 24, 1997, Order
directing the parties to appear on October 31, 1997 to prosecute or defend the case here in dispute
since on October 31, 1997, Petitioner, Myron E. Herring made no appearance in the case.
On October 31, 1997, a Motion to Dismiss was requested by Arlene D. Hand, attorney for
Respondent, on the grounds that Petitioner failed to prosecute or defend this action, failed to adhere
to an interlocutory order, and failed to appear at the hearing. Under such circumstances, the
Administrative Law Judge may dismiss a contested case in a manner so as to uphold the posistion
of the complying party. (ALJD Rule 23). The motion is granted.
Therefore, IT IS ORDERED that the above captioned case be and hereby is dismissed due
to Petitioner's failure to prosecute case.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 3rd day of November, 1997
Columbia, South Carolina |
