ORDERS:
ORDER OF DISMISSAL
The Respondent, Horry County Assessor, filed a Motion to Dismiss dated August 30, 2000 with the Administrative Law
Judge Division ("ALJD") premised upon the grounds that the Petitioner has failed to file the required Preliminary Tax Appeal
Statement as set forth in my Order of May 1, 2000.
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.
On May 1, 2000, the Administrative Law Judge issued a Procedural Order requiring the filing of a Preliminary Tax Appeal Statement
by the parties with the ALJD within 30 days of the date of the Order.
By letter dated August 2, 2000, the ALJD informed the Petitioner that her Preliminary Tax Appeal Statement was past due and that
the time had been extended to August 11, 2000, for the Petitioner to file her Preliminary Tax Appeal Statement. No Preliminary Tax
Appeal Statement was filed by Petitioner on or before August 11, 2000 nor has one been filed by her as of this date. Also, the
Petitioner has not responded to Respondent's Motion to Dismiss, which was served upon the Petitioner on August 30, 2000.
Adequate notice was given to Petitioner of the terms of the Order. Petitioner 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 Petitioner, P. McNeill, is in default and that the above-captioned case is hereby dismissed
with prejudice against Petitioner. The relief requested by Respondent in its Preliminary Tax Appeal Statement is hereby granted.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 2, 2000
Columbia, South Carolina
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