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:
SCDOR vs. Great Games, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Great Games, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0336-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on July 14, 1997, requiring the parties to file Prehearing Statements with the Court on or before August 4, 1997. Petitioner filed its Prehearing Statement with the Court on July 14, 1997. By letter dated

September 5, 1997, the Court informed Jimmy L. Martin , owner of Great Games, Inc., that his Prehearing Statement was past due and that failure to comply with an Order of an Administrative Law Judge could result in default and dismissal of the case adversely to his interest. Mr. Martin contacted the Court on September 8, 1997, asked that copies of the Order for Prehearing Statements and Agency Transmittal be faxed to him, and stated that he would be filing his Prehearing Statement soon. The requested documents were faxed to Mr. Martin on September 8, 1997.

By letter dated October 3, 1997, the court informed Mr. Martin that if his Prehearing Statement was not filed with the Court on or before October 13, 1997, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order. On October 14, 1997, Mr. Martin telephoned the Court and asked that copies of the Order for Prehearing Statements and Agency Transmittal be faxed to him. The requested documents were again faxed to Mr. Martin. As of the date of this Order, Respondent Great Games, Inc., has not filed a Prehearing Statement with the Court and is in default.

Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond 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.

The failure of Great Games, Inc. to comply with the Court's order to file a Prehearing Statement in this matter constitutes default. Adequate notice was given of the requirements imposed and consequences for failure to comply, and Respondent was provided abundant opportunity to comply. The court in

Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990) stated that "there is a limit beyond which the court should not allow a litigant to consume the time of the court. . . ."

IT IS THEREFORE ORDERED that the above-captioned case bearing Docket Number

97-ALJ-17-0336-CC is hereby dismissed with prejudice against the defaulting party, Great Games, Inc. The relief requested by Petitioner, South Carolina Department of Revenue, in its Prehearing Statement is hereby granted, including the imposition of any conditions, penalties, or injunctive relief sought and enumerated therein. Petitioner's Prehearing Statement is incorporated herein by reference as a part of this Order.

AND IT IS SO ORDERED.

_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

November 6, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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