Friday, April 18, 2014

SC Administrative Law Court Decisions

CAPTION:
Danyiel M. Robinson vs. SCDMV

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
Danyiel M. Robinson

Respondents:
South Carolina Department of Motor Vehicles
 
DOCKET NUMBER:
06-ALJ-21-0403-AP

APPEARANCES:
n/a
 

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            IT IS HEREBY ORDERED that the Order of Dismissal issued by the Court on October 17, 2006 is WITHDRAWN.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