Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

Vincent S. TOUSSAINT and Patricia W. Toussaint, Appellants v. Clem HAM,Indi

Heard April 7, 1987.

Decided May 26, 1987.

Per Curiam:

The circuit court granted respondents' 12(b)(6) motion and dismissed appellants' challenge to a bond referendum held in Laurens County. We reverse and remand.

Rule 12(b)(6), SCRCP.

A ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint and the motion cannot be sustained if facts alleged and inferences reasonably deducible therefrom would entitle the plaintiff to any relief on any theory of the case. Brown v. Leverette, 291 S.C. 364, 353 S.E.2d 697 (1987). See also 5 C. Wright A. Miller, Federal Practice and Procedure § 1357 (1969) (The question is whether in the light most favorable to plaintiff, and with every doubt resolved in his behalf, the complaint states any valid claim for relief. The complaint should not be dismissed merely because the court doubts that plaintiff will prevail in the action.).

We cannot agree with the lower court's view that appellants' amended complaint fails to allege facts sufficient to state a cause of action.

The circuit court's order granting the Rule 12(b)(6) motion is reversed and the case is remanded.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

TOUSSAINT v. HAM
(May 26, 1987)