ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule TR63 (1999), Appellant was required to file an appellate brief with the
Administrative Law Judge Division and serve all parties "within twenty (20) days after the date of
receipt of the Record of Appeal." The Record on Appeal was filed on March 13, 2001. Appellant
failed to file a brief within twenty days. Therefore, pursuant to ALJD Rule T65, this matter is hereby
dismissed. ALJD Rule T65 (1999) provides:
Dismissal of Appeal for Failure to Comply with the Rules. 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 request for an appeal, appellant has an obligation to advance his position. This tribunal
apprised Appellant by letter dated April 9, 2001, that his brief was past due and gave Appellant
additional time to file. Appellant has been unresponsive to all communications. Appellant been given
abundant opportunity to comply. "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.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211
May 7, 2001
Columbia, South Carolina |
