ORDER OF DISMISSAL
Pursuant to this Court’s Order Setting Forth Appellate Procedures dated
July 10, 2006, and ALC Rule 37(A), Appellant was required to file an appellate
brief with this Court and serve the same on Respondent within fifteen (15) days
of her receipt of the Record on Appeal in this matter. Respondent South
Carolina Department of Health and Human Services filed the Record on Appeal in
this case with the Court on June 27, 2006. However, to date, Appellant has not
filed an appellate brief in this matter or otherwise responded to either this
Court’s July 10, 2006 Order Setting Forth Appellate Procedures or its August
17, 2006 letter, which reminded Appellant of her obligation to file an
appellate brief and required her to file such a brief by August 28, 2006. Because
Appellant has failed to timely file an appellate brief, this case 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 her 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).
IT IS THEREFORE ORDERED that this case is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
Pendleton Street, Suite 224
South Carolina 29201
September 21, 2006
Columbia, South Carolina