Sunday, December 21, 2014

SC Administrative Law Court Decisions

CAPTION:
Karen Fiala, on behalf of her adult child, Vanessa Beaty vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Karen Fiala, on behalf of her adult child, Vanessa Beaty

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
06-ALJ-08-0478-AP

APPEARANCES:
n/a
 

ORDERS:

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 (emphasis added).

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.

________________________________

JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201

September 21, 2006

Columbia, South Carolina