ORDERS:
ORDER OF DISMISSAL
Grievance No. Lieber 1155-00
This matter is before me pursuant to Appellant's Notice of Appeal of Grievance No. Lieber 1155-00 filed with the
Administrative Law Judge Division on June 1, 2000. Based upon the Department of Corrections' (Department) Decision
and Reason on Appellant's Inmate Grievance Form - Step 2, the Department sustained Appellant's appeal of this matter on
May 8, 2000.
The right of appeal is accorded only to a "party aggrieved." Although there are exceptional cases, the general rule is that a
plaintiff or defendant cannot appeal or prosecute a writ of error from or to a judgment, order, or decree in his own favor,
since he is not aggrieved thereby. See Wilson v. Southern Ry., Carolina Division, et al., 123 S.C. 399, 115 S.E. 764 (1923).
A [p]erson is "aggrieved" by judgment or decree, as requirement for right to appeal, when judgment or decree operates on
his rights of property or bears directly upon his interest and constitutes substantial grievance, denial of some personal or
property right, or imposition on party of burden or obligation. Burns v. Gardner, 328 S.C. 608, 493 S.E.2d 356 (S.C. App.
1997).
I find that Appellant in this matter is not "aggrieved" so as to permit this matter to go forward based on the Department's
written decision sustaining Appellant's grievance. Therefore,
IT IS HEREBY ORDERED THAT THIS MATTER BE DISMISSED.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
June 16, 2000
Columbia, South Carolina |
