ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC”) pursuant
to the Notice of Appeal filed September 12, 2007 by Appellant Evelyn P. Morris (“Morris”). 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 thirty (30) days after the filing of the
Record on Appeal.” ALC Rule 37(A). The Record on Appeal was filed on October 23, 2007, and Morris’s brief was due within thirty days thereafter. However, to
date, Morris has not filed an appellate brief in this matter. Because Morris 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, Morris had an obligation to advance her
position, and she was given ample time to do so. Nonetheless, Morris failed to
file an appellate brief in support of her appeal. This case must therefore be
dismissed. It is therefore
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
December 10, 2007
Columbia, South Carolina
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