ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37, Appellant 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 Respondent filed the
Record on Appeal on August 31, 2007. However, to date (November 5, 2007), Appellant
has not filed an appellate brief in this matter. Because Appellant 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, Appellant had an obligation to advance its
position, and was given ample time to do so. Nevertheless, Appellant 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
November 5, 2007
Columbia, South Carolina
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