ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, the Department
of Social Services (Department) dismissed Appellant's Food Stamp claim
for her failure to appear at three scheduled hearings to review her case,
the last being a telephone hearing. By notice of appeal dated August 10,
2001, Appellant seeks review of that dismissal before this tribunal.
However, neither Appellant's notice of
appeal nor her appellate brief (a two-page letter dated September 12, 2001)
contains a cognizable ground for appeal to this tribunal. Neither document
sets forth a specific reason why the Department should not have dismissed
her case. On account of Appellant's failure to state a particular error
of law or fact for this tribunal to review, as required by ALJD Rule 37B,
this appeal must be dismissed.
This tribunal is mindful of the difficulties
facing prose
litigants and its duty to assist them to ensure fairness. See
note, ALJD Rule 38. This tribunal is also aware that appellate courts will
occasionally hear an appeal despite poorly-stated grounds for appeal if
the court is able to readily determine the issue to be reviewed and the
appeal appears to have merit. See,
e.g.,Sandel
v. Cousins, 266 S.C.19, 221 S.E.2d 111 (1975). Nonetheless, where,
as here, the appellant does not set forth any articulable grounds for appeal,
and no grounds, meritorious or otherwise, readily appear to the reviewing
court, an appellate tribunal has little choice but to dismiss the appeal. See,
e.g.,Graham
v. Kearns, 278 S.C. 197, 197-98, 294 S.E.2d 38, 38 (1982) (dismissing
appeal because, as "the exceptions point out no particular error of law
or fact, this Court would be required to re-try the entire case"); Solley
v. Weaver, 247 S.C. 129, 131,146 S.E.2d 164, 165 (1966) ("We have
held in many cases that every ground of appeal ought to be so distinctly
stated that the Court may at once see the point which it is called upon
to decide without having to 'grope in the dark' to ascertain the precise
point at issue.").
IT IS THEREFORE ORDERED that the
above-captioned appeal is DISMISSED
pursuant to ALJD Rule 38 for Appellant's failure to state a cognizable
ground for appeal.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
October 29, 2001
Columbia, South Carolina |