Opinion
January 7, 1997.
In the interest of: Britney Chapman, 01/04/95 Angela McAlister, 08/18/78 A child(ren) under the age of 18
ORDER
The appellant, Harley Randy McAlister, filed a motion to reinstate the appeal. The Clerk of Court issued an order of dismissal dated October 14, 1996, because appellant failed to file Appellant's Initial Brief and Designation of Matter. Appellant filed this motion to reinstate the appeal and respondent filed a motion opposing reinstatement.
The general rule is that a dismissal which is correctly made should not be set aside. Only an appeal which is erroneously dismissed should be reinstated. 5 C.J.S. Appeal and Error § 660 (1993). In South Carolina, Rule 231(a), SCACR, provides a case which has been dismissed by the clerk for failure to comply with the rules may be reinstated upon leave of court "for good cause shown" after notice to all parties. See generally Wham v. Shearson Lehman Brothers, 298 S.C. 462, 381 S.E.2d 499 (Ct.App. 1989) (discussion of good cause under rules of civil procedure). A motion to reinstate is addressed to the discretion of the court and should not be granted as a matter of favor. 5 C.J.S. Appeal and Error § 660 (1993); see also Dillishaw v. Bell, 115 S.C. 258, 105 S.E. 410 (1920).
The only ground appellant asserted for the failure to timely file the Initial Brief and Designation of Matter was as follows: "At some point the transcript was delivered to our office. Inadvertently it was put up and not placed in the file without knowledge of the arrival of the transcript being made known to the persons who would be responsible for initiating the Initial Brief and Designation of Matter." We find this reason does not rise to the level of good cause required under Rule 231(a), SCACR.
The motion to reinstate the appeal is DENIED.
IT IS SO ORDERED.