South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Deborah A. Lezark vs South Carolina Department of Health and Human Services

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Deborah A. Lezark

Respondant:
South Carolina Department of Health and Human Services

 
DOCKET NUMBER:
08-ALJ-08-0446-AP

APPEARANCES:
 

ORDERS:

ORDER OF DISMISSAL

 

This matter comes before the Administrative Law Court (ALC or Court) pursuant to the Notice Of Appeal filed by Appellant Deborah A. Lezark on September 17, 2008.

The Record On Appeal was filed on October 23, 2008, and pursuant to ALC Rule 37 of the Rules of Procedure for the Administrative Law Court Appellant’s brief was due within thirty (30) days thereafter.  On April 9, 2009, the Court notified Appellant by letter that her brief was due on November 24, 2008 and that there was no record that it had been filed.  The letter advised Appellant that she had fifteen (15) days to file her brief or her appeal may be dismissed.  As of the date of this order no such brief has been filed.

ALC Rule 38, Dismissal of Appeal for Failure to Comply with the Rules, states the following:

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.

           

            Appellant has been unresponsive to all communications and has been given abundant opportunity to comply with this Court’s order to file a brief and has failed to do so.  “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 that the above-captioned case is hereby DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.

 

 

May 4, 2009

Columbia, SC

_________________________________

John D. McLeod, Judge

S.C. Administrative Law Court


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