Thursday, December 18, 2014

SC Administrative Law Court Decisions

CAPTION:
Franklin J. Miles vs. SCDMV

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
Franklin J. Miles

Respondent:
South Carolina Department of Motor Vehicles
 
DOCKET NUMBER:
06-ALJ-21-0954-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALC Rule 37, Appellant Franklin J. Miles (“Motorist”) was required to file an appellate brief in the above-referenced appeal with this Court “within thirty (30) days after the filing 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, on January 12, 2007 and February 15, 2007, respectively. However, to date (July 13, 2007), Motorist has not filed an appellate brief in this matter. Because Motorist 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, Motorist had an obligation to advance its position, and was given ample time to do so. Nevertheless, Motorist failed to file an appellate brief in support of its 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 HEREBY ORDERED that the above-referenced appeal is hereby DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.

______________________________________

JOHN D. MCLEOD

Administrative Law Judge

July 13, 2007

Columbia, South Carolina


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