ORDERS:
ORDER OF DISMISSAL
This
matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to
the Notice of Appeal filed on October 10, 2007 by Appellant Casey Brown.
On October 23, 2007, the Court issued an Order Governing Procedure, which set
forth the dates and procedures to follow in presenting this matter to the
Court.
Pursuant
to the Order Governing Procedure and ALC Rule 37, Appellant was required to
file a Brief of Appellant with the Court and to serve the same on all parties
within thirty (30) days after the filing of the Record on Appeal. The Record on
Appeal was filed with the Court on November 20, 2007. As of the date of this
Order of Dismissal, Appellant has not filed a brief. Therefore, pursuant to ALC
Rule 38, this matter is hereby dismissed.
ALC
Rule 38, entitled “Dismissal of Appeal for Failure to Comply with the Rules,”
provides:
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.
By virtue of Appellant’s
request for an appeal, Appellant has an obligation to advance a position.
Furthermore, Appellant has been afforded ample time to file the Brief of
Appellant, and no correspondence or communication has been received from
Appellant since the initial filing of the appeal. “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). Accordingly,
IT
IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.
AND
IT IS SO ORDERED.
____________________________________
Marvin F.
Kittrell
Chief
Administrative Law Judge
January 4, 2008
Columbia, South Carolina
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