South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Joanne Williams vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Joanne Williams

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
06-ALJ-08-0414-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this Court’s Order Denying Motion to Dismiss and Setting Forth Appellate Procedures dated July 14, 2006, and ALC Rule 37, Appellant Joanne Williams was required to file an appellate brief in the above-captioned matter with this Court within fifteen (15) days after her receipt of the Record on Appeal. Respondent South Carolina Department of Heath and Human Services filed the Record on Appeal in this matter with the Court on August 14, 2006. However, to date, Appellant has not filed an appellate brief in this case, or otherwise responded to either this Court’s July 14, 2006 Order Setting Forth Appellate Procedures or its September 6, 2006 letter reminding Appellant of her obligation to file a brief. Because Appellant has failed to timely file an appellate brief, this case is hereby dismissed pursuant to ALC Rule 38. ALC 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.

ALC Rule 38 (emphasis added).

By virtue of her request for an appeal, Appellant had an obligation to advance her position, and she was given ample time to do so. Nonetheless, Appellant failed to file an appellate brief in support of her appeal. This case must, therefore, be dismissed. “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 this case is hereby DISMISSED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

October 9, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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