ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal’s Order for Appellate and Response Briefs dated June 11, 2003, and
ALJD Rule 37, Appellant was required to file an Appellate Brief with this tribunal in connection with
the above-captioned matter within fifteen days of his receipt of the Record on Appeal. The South
Carolina Department of Health and Human Services filed the Record on Appeal in this case on July
28, 2003. However, Appellant failed to file an Appellate Brief within fifteen days of the filing and
service of the Record on Appeal. Accordingly, by a letter dated August 19, 2003, this tribunal
reminded Appellant of his obligation to file an Appellate Brief and required him to file his brief by
August 27, 2003. Nevertheless, to date, Appellant has not filed an Appellate Brief in this matter.
Therefore, this appeal is hereby dismissed pursuant to ALJD Rule 38.
ALJD Rule 38 provides that
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.
Id. (emphasis added). By virtue of his request for an appeal in this matter, Appellant had an
obligation to advance his position. However, Appellant has not filed an Appellate Brief in this case
or requested an extension of time to file his brief, but rather has been unresponsive to all
communications from this tribunal. Appellant has been given abundant opportunity to comply with
this tribunal’s orders and the ALJD Rules, but 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). Therefore,
IT IS HEREBY ORDERED that the above-captioned appeal is DISMISSED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
September 3, 2003
Columbia, South Carolina |
