ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Court (Court) pursuant to the Notice of
Appeal filed on November 30, 2004 by Appellant. Appellant appeals the denial of Medicaid
benefits.
Pursuant to ALC Rule 37, Appellant was required to file an appellate brief with the Court
and to serve the same on all parties “within fifteen (15) days after receipt of the Record on
Appeal.” The Record on Appeal was filed and received by the Court on December 17, 2004. 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 his request for an appeal, the Appellant has an obligation to advance a
position. Furthermore, the Appellant has been afforded ample time to file his brief, and no
correspondence 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
with prejudice.
AND IT IS SO ORDERED.
____________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
February 2, 2005
Columbia, South Carolina |
