ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Court (“ALC”) pursuant to the Notice of Appeal filed August 14, 2006 by Appellant Cosima Arnasalam (“Arnasalam”). Pursuant to ALC Rule 37(A), Appellant was required to file an appellate brief in the above-captioned matter with this court and to serve all parties with the same “within fifteen (15) days after receipt of the Record on Appeal.” ALC Rule 37(A). The Record on Appeal was filed on September 13, 2006, which would make the Appellant’s Brief due on September 28, 2006. Arnasalam failed to file a brief by this date. On October 26, 2006, the court received a letter from Arnasalam providing the court with a change of address and requesting additional time to complete filings. On October 27, 2006, the court granted Arnasalam additional time to file her brief, extending her deadline to November 17, 2006.
However, to date, Arnasalam has not filed an appellate brief in this matter. 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 “[u]pon 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, Arnasalam had an obligation to advance her position, and she was given ample time to do so. Nonetheless, Arnasalam 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 appeal is DISMISSED with prejudice.
IT IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
December 1, 2006
Columbia, South Carolina |
