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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Judis Blue vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Judis Blue

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
08-ALJ-08-0341-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to the Notice of Appeal filed on July 26, 2008 by Appellant Judis Blue.[1] On July 30, 2008, the Court issued an Order Governing Procedure, which set forth the dates and procedures to follow in presenting this matter to the Court.

Pursuant to the Order Governing Procedure and ALC Rule 37, Appellant was required to file a Brief of Appellant with the Court and to serve the same on all parties within thirty (30) days after the filing of the Record on Appeal. The Record on Appeal was filed with the Court on August 18, 2008. As of the date of this Order of Dismissal, Appellant has not filed a brief. Therefore, pursuant to ALC Rule 38, this matter is hereby dismissed.

ALC Rule 38, entitled “Dismissal of Appeal for Failure to Comply with the Rules,” 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.

By virtue of her request for an appeal, Appellant has an obligation to advance a position. Furthermore, Appellant has been afforded ample time to file her brief, and no correspondence or communication has been received from Appellant since the initial filing of the appeal. “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). Accordingly,

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.

AND IT IS SO ORDERED.

____________________________________

Marvin F. Kittrell

Chief Judge

October 16, 2008

Columbia, South Carolina



[1] However, this case was not assigned to the undersigned Judge until July 29, 2008.


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