South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Shirley Cox vs. SCDHHS

AGENCY:
South Carolina Department of Health & Human Services

PARTIES:
Appellant:
Shirley Cox

Respondents:
South Carolina Department of Health & Human Services
 
DOCKET NUMBER:
05-ALJ-08-0260-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

THIS MATTER COMES before me at the request of the Appellant’s Appeal of Respondent’s decision to terminate her services under the Home and Community Based Waiver.

The last correspondence that the court has received from either party is a Brief of Respondent which was filed on March 8, 2006. The Court has attempted to contact Appellant by phone in order to set the matter for oral arguments, but Appellant’s phone number was no longer in service. To this date, no further information has been received by the court from the Appellant since the filing of her Notice of Appeal. By filing an appeal, the Appellant has an obligation to advance a position. "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 THEREFORE ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 41(b) of the South Carolina Rules of Civil Procedure, this action, including all claims herein asserted by all parties, is hereby dismissed.

AND IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

South Carolina Administrative Law Judge

March 12, 2008

Columbia, South Carolina


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