ORDERS:
ORDER OF DISMISSAL
Pursuant to Rule 63, ALJDTR, the Appellant was required to file an Appellant's brief with the
Administrative Law Judge Division and to serve the same on all parties "within twenty (20) days after the
date of receipt of the Record of Appeal." The Record on Appeal was filed on December 4, 2000. The
Appellant failed to file a brief within twenty days. By Order dated February 16,2001, Appellant was given an
additional fifteen days in which to file his brief and notified that failure to do so may result in the dismissal of
this matter. Appellant failed to file his brief. Therefore, pursuant to Rule 65, ALJDTR, this matter is hereby
dismissed. Rule 65, ALJDTR, 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 (VI).
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).
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
August 6, 2001
Columbia, South Carolina |
