ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37, Appellant Franklin J. Miles (“Motorist”) was required to file
an appellate brief in the above-referenced appeal with this Court “within
thirty (30) days after the filing of the Record on Appeal.” ALC Rule 37(A). The Division of Motor Vehicle Hearings filed
the Record on Appeal, along with the transcript of the hearing, on January 12,
2007 and February 15, 2007, respectively. However, to date (July 13, 2007), Motorist has not filed an appellate
brief in this matter. Because Motorist
has failed to timely file an appellate brief, this appeal 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.
By virtue of its request for an
appeal, Motorist had an obligation to advance its position, and was given ample
time to do so. Nevertheless, Motorist
failed to file an appellate brief in support of its 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 HEREBY ORDERED that the above-referenced appeal is hereby DISMISSED WITH PREJUDICE.
AND
IT IS SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative Law Judge
July
13, 2007
Columbia,
South Carolina
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