dissenting:
I respectfully dissent and would affirm the Order of Judge Robert H. Cureton.
The trial judge in my view correctly relied upon the case of Fisher v. South Carolina Department of Mental Retardation, 277 S. C. 573, 291 S. E. (2d) 200 (1982). Dismissal of the appeal in lieu of affirmance is justifiable only upon the basis of the rule enacted by the majority opinion in Talley v. John-Mansfield, 328 S. E. (2d) 621 (1985).