ORDERS:
AMENDED ORDER OF DISMISSAL
An Order of
Dismissal was issued in this matter on October 17, 2006.
However, the Order incorrectly reflected the South Carolina
Department of Motor Vehicles (SCDMV) as the Appellant and Danyiel
M. Robinson as the Respondent. A Motion for Reconsideration
was filed by SCDMV on October 26, 2006 requesting the Court to
withdraw the October 17, 2006 Order of Dismissal and issue a new
Order dismissing this case because of the Appellant’s failure
to file a brief.
Pursuant to
ALC Rule 37, Appellant Danyiel M. Robinson was required to file an
appellate brief in the above-referenced appeal with this Court
“within fifteen (15) days after receipt of the Record on
Appeal.” ALC Rule 37(A). The Division of Motor
Vehicle Hearings filed the Record on Appeal, along with the
transcript of the hearing below, on June 9, 2006. However, to
date (November 17, 2006), Appellant has not filed an appellate
brief in this matter. Because Appellate has failed to timely
file an appellate brief, this appeal 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.
By virtue of its request for an appeal, Appellant had an obligation
to advance her position, and Appellant 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).
Based on the foregoing,
IT IS HEREBY ORDERED that the Order of Dismissal issued by
the Court on October 17, 2006 is WITHDRAWN.
IT IS
FURTHER ORDERED that the above-referenced appeal is hereby
DISMISSED WITH PREJUDICE based on Appellant Danyiel M.
Robinson’s failure to file a brief.
AND IT IS
SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative Law Judge
November 17,
2006
Columbia, South
Carolina |
