Friday, October 31, 2014

SC Administrative Law Court Decisions

CAPTION:
Cory Alexander Mauldin vs. SCDMV

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
Cory Alexander Mauldin

Respondents:
South Carolina Department of Motor Vehicles
 
DOCKET NUMBER:
07-ALJ-21-0480-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to the undersigned’s Order Reinstating Appeal (“Order”) dated January 22, 2008, and in accord with ALC Rule 37, Appellant Cory Alexander Mauldin (“Motorist”) was required to file an appellate brief in the above-referenced appeal with this Court within thirty (30) days from the date of the Order. Subsequently, on April 30, 2008, the South Carolina Department of Motor Vehicles (“Department”) filed a Motion to Dismiss due to Motorist’s failure to file an appellant brief within thirty (30) days of the date of the Order. No response to the Department’s Motion has been filed as of the date hereof to wit, May 20, 2008. Furthermore, to date (May 20, 2008), 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:

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 (Rev. 2007).

By virtue of his request for an appeal, Motorist had an obligation to advance his position, and was given ample time to do so. Nevertheless, Motorist failed to file an appellate brief in support of his 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.

______________________________________

May 20, 2008 JOHN D. MCLEOD, Judge

Columbia, South Carolina Administrative Law Court


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