ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37(A), Appellant was required to file an appellate brief in the
above-captioned matter with this Court and to serve all parties with the same
“within thirty (30) days after the filing of the Record on Appeal.” ALC Rule 37(A).
The Department filed the Record on Appeal in this matter on June 19, 2008.
Further, by order dated August 27, 2008, the Court reminded Appellant that its
brief was past due, and ordered it to file its appellate brief within ten (10)
days of the order. However, despite ALC Rule 37(A) and the Court’s August 27,
2008 order, Appellant has not filed an appellate brief in this matter. Because
Appellant has failed to timely file an appellate brief and comply with a Court
order, this case 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
(emphasis added).
By
virtue of its request for an appeal, Appellant had an obligation to advance its
position, and Appellant was given ample time to do so. Nonetheless, Appellant
failed to file an appellate brief in support of its appeal. This case must,
therefore, be dismissed. “There is a limit beyond which the court should 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 that this case is hereby DISMISSED with
prejudice.
AND
IT IS SO ORDERED.
______________________________
Marvin F. Kittrell
Chief Judge
September 15, 2008
Columbia, South Carolina
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