SC Administrative Law Court Decisions

This matter is before the South Carolina Administrative Law Court (“ALC”) pursuant to the Notice of Appeal filed October 26, 2007 by Appellant James Turner, Jr., d/b/a Supreme Enterprises, Inc. (“Turner”). On March 26, 2008, the Respondent filed a motion to dismiss this appeal pursuant to ALC Rule 38 based on Turner’s failure to file an appellate brief in accordance with the court’s scheduling order issued February 12, 2008.

The Record on Appeal was initially filed on December 11, 2007. However, upon review of the file, it appeared that the Record on Appeal was not served at the Appellant’s last known address as listed in his notice of appeal. Therefore, by Order dated February 12, 2008, the Respondent was ordered to re-serve the Record on Appeal at the Appellant’s address listed in his notice of appeal. Further, Turner was ordered to file his appellate brief by March 20, 2008. The Record on Appeal was re-served on February 19, 2008. However, to date, Turner has not filed an appellate brief in this matter nor has he filed a response to the Respondent’s motion. Because Turner 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.

By virtue of his request for an appeal, Turner had an obligation to advance his position, and he was given ample time to do so. Nonetheless, Turner failed to file an appellate brief in support of his 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

March 31, 2008

Columbia, South Carolina