ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37, Appellant Thomas Braxton Bryant, IV (“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 on December
20, 2007. However, to date (February 11, 2008), 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
(2007).
By
virtue of his request for an appeal, Motorist had an obligation to advance his
position, and was given ample time to do so. Nevertheless, Motorist failed to
file an appellate brief in support of his 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
February 11, 2008
Columbia, South Carolina
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