South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Joyce Foust vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Petitioner/Appellant:
Joyce Foust

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
01-ALJ-18-0351-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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