ORDERS:
ORDER OF DISMISSAL
Pursuant
to the undersigned’s Order Reinstating Appeal (“Order”) dated January 22, 2008,
and in accord with ALC Rule 37, Appellant Cory Alexander Mauldin (“Motorist”) was
required to file an appellate brief in the above-referenced appeal with this
Court within thirty (30) days from the date of the Order. Subsequently, on
April 30, 2008, the South Carolina Department of Motor Vehicles (“Department”)
filed a Motion to Dismiss due to Motorist’s failure to file an appellant brief
within thirty (30) days of the date of the Order. No response to the
Department’s Motion has been filed as of the date hereof to wit, May 20, 2008. Furthermore,
to date (May 20, 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:
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
(Rev. 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.
______________________________________
May 20, 2008 JOHN
D. MCLEOD, Judge
Columbia, South Carolina Administrative
Law Court
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