ORDERS:
ORDER OF 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.
Pursuant to ALJD Rule 8, the Administrative Law Judge issued a Procedural Order on
June 8, 1998, requiring the parties to file Preliminary Tax Appeal Statements with the Court within
thirty days of the date of the Order. Respondent's Preliminary Tax Appeal Statement was filed with
the Court on July 2, 1998. By letter dated July 31, 1998, the Court informed Petitioners Louise R.
Floyd and John C. Floyd that their Preliminary Tax Appeal Statement was past due and that if the
Preliminary Tax Appeal Statement was not filed with the Court on or before August 11, 1998, 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, Petitioners have not filed a Preliminary Tax Appeal Statement and are
in default.
Adequate notice of the terms of the Order and the consequences for failure to comply was
given to Petitioners, and they 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).
IT IS THEREFORE ORDERED that the Petitioners, Louise R. Floyd and John C. Floyd
are in default.
IT IS FURTHER ORDERED that the valuation of Petitioners' property (TMS #032-23-01-030) for tax year 1997 is $96,710 as established by the Anderson County Board of Assessment
Appeals in its Decision (Case No. 97-063) dated May 21, 1998.
IT IS FURTHER ORDERED that the above-captioned case bearing Docket Number 98-ALJ-17-0330-CC is hereby dismissed with prejudice against Petitioners.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
August ____, 1998
Columbia, South Carolina |
