ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On March 11, 1999, an ORDER was issued to all parties requiring the filing of a Preliminary Tax Statement within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Preliminary Tax Statement was due on April 16, 1999. Petitioner, Valencia S. Butler, failed to file the Preliminary Tax Statement.
On April 16, 1999, Petitioner was again directed to file the Preliminary Tax Statement on or before Friday, April 23, 1999. No Preliminary Tax Statement was received by the close of business on the extension date of April 23, 1999, and thus Petitioner failed to comply with the Order.
Upon a party’s failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23. Therefore, IT IS ORDERED:
1. Due to the Petitioner’s failure to prosecute this action, the Petitioner is in default.
2. Darlington County Auditor, having complied in this matter, is not in default.
3. As the result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
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RAY N. STEVENS
Administrative Law Judge
This 28th day of April, 1999
Columbia, South Carolina |
