South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Video Arcade, Inc., d/b/a Full House Games

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Video Arcade, Inc., d/b/a Full House Games
 
DOCKET NUMBER:
97-ALJ-17-0513-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

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.

Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on September 16, 1997, requiring the parties to file Prehearing Statements with the Court on or before October 6, 1997. Petitioner filed its Prehearing Statement with the Court on September 23, 1997. By letter dated November 7, 1997, the Court informed Video Arcade, Inc., d/b/a Full House Games, that its Prehearing Statement was past due and that if the Prehearing Statement was not filed with the Court on or before November 17, 1997, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order. As of the date of this Order, Respondent Video Arcade, Inc., d/b/a Full House Games, has not filed a Prehearing Statement with the Court and is in default.

Adequate notice was given of the requirements imposed and consequences for failure to comply, and Respondent was 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).



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

97-ALJ-17-0513-CC is hereby dismissed with prejudice against the defaulting party, Video Arcade, Inc., d/b/a Full House Games. 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

December 2, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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