ORDERS:
ORDER OF DISMISSAL
Pursuant to this Court’s Order Denying Motion to Dismiss and Setting
Forth Appellate Procedures dated July 14, 2006, and ALC Rule 37, Appellant Joanne
Williams was required to file an appellate brief in the above-captioned matter
with this Court within fifteen (15) days after her receipt of the Record on
Appeal. Respondent South Carolina Department of Heath and Human Services filed
the Record on Appeal in this matter with the Court on August 14, 2006. However,
to date, Appellant has not filed an appellate brief in this case, or otherwise
responded to either this Court’s July 14, 2006 Order Setting Forth Appellate
Procedures or its September 6, 2006 letter reminding Appellant of her
obligation to file a brief. Because Appellant has failed to timely file an
appellate brief, this case is hereby dismissed pursuant to ALC Rule 38. ALC
Rule 38 provides that:
Upon motion of
any party, or on its own motion, an administrative law judge may dismiss an
appeal for failure to comply with any of the rules of procedure for appeals, including
the failure to comply with any of the time limits provided by this section.
ALC Rule 38
(emphasis added).
By virtue of her request for an appeal, Appellant had an obligation to
advance her position, and she was given ample time to do so. Nonetheless, Appellant
failed to file an appellate brief in support of her appeal. This case must,
therefore, be dismissed. “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 this case is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
October 9, 2006
Columbia, South Carolina |