ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 37(A), the Appellant was required to file an Appellant’s Brief with
the Administrative Law Judge Division (“ALJD”) 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 with the ALJD,
and a copy served on the Appellant, on April 2, 2003. To date, although twenty-nine (29) days have
elapsed since the Record on Appeal was served on the Appellant, the ALJD has not received the
Appellant’s Brief; nor has the ALJD received any communication from the Appellant requesting an
extension of time to file his Brief in this case. ALJD Rule 38, entitled “Dismissal of Appeal for
Failure to Comply with the Rules,” provides in pertinent part:
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.
As of the date of this Order of Dismissal, the Appellant has failed to file his Brief. “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). Therefore, pursuant to
ALJD Rule 38, this matter is hereby dismissed.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice;
AND IT IS SO ORDERED.
_______________________________
C. Dukes Scott
Administrative Law Judge
May 1, 2003
Columbia, South Carolina |
