ORDERS:
ORDER OF DISMISSAL
This matter comes before the undersigned pursuant to the appeal of Majesty Homes, Inc., of Respondent's imposition of
penalties after it found that Appellant violated certain provisions of the Code of Laws of South Carolina with respect to
transactions involving manufactured homes.
Pursuant to Rule 37, ALJD, the Appellant was required to file "an original and two copies of its brief within fifteen (15)
days after receipt of the Record on Appeal." The Record on Appeal of this matter was served by Respondent on April 9,
2002 and received by the Division on April 10, 2002. (1) To date, although more than fifteen (15) days have elapsed, the
Division has not received the brief of the Appellant, nor has the Division received any communication from the Appellant
requesting an extension of time to file its brief in this case. Rule 38, ALJD, 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.
By virtue of its 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 its 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 Rule 38, ALJD, this matter is hereby dismissed. (2)
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 8, 2002
Columbia, South Carolina
1. The Record on Appeal was originally due on April 4, 2002. However, this tribunal granted Respondent's Motion to
Enlarge Time to File Record on Appeal such that the Record on Appeal was due on April 9, 2002.
2. Alternatively, Appellant's appeal is dismissed pursuant to Rule 38 because its Notice of Appeal fails to comply with
Rule 33, Notice of Appeal, which requires that the Notice provide a "a general statement of the grounds for appeal..."
Appellant's Notice of Appeal contains no such statement. |
