ORDERS:
ORDER OF DISMISSAL
Pursuant to Rule 37, ALJD, the Appellant was required to file an Appellant's Brief with the Administrative Law Judge
Division ("Division") "within fifteen (15) days after receipt of the Record on Appeal." The Record on Appeal was filed
with Division, and served on the Appellant, on January 24, 2003. To date, the Division has not received the Appellant's
Brief, nor has the Division received any communication from the Appellant requesting an extension of time to file his Brief
in this case. Rule 38, ALJD, 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 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).
Therefore, pursuant to Rule 62, ALJD, this matter is hereby dismissed.
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
February 21, 2003
Columbia, South Carolina |
