State Bd. of Medical Examiners of South Carolina v. Fenwick Hall, Inc., No. 23133

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtCHANDLER; GREGORY
Citation387 S.E.2d 458,300 S.C. 274
PartiesSTATE BOARD OF MEDICAL EXAMINERS OF SOUTH CAROLINA, Respondent, v. FENWICK HALL, INC., Appellant. In re ANONYMOUS, Appellant.
Decision Date08 January 1990
Docket NumberNo. 23133

Page 458

387 S.E.2d 458
300 S.C. 274
STATE BOARD OF MEDICAL EXAMINERS OF SOUTH CAROLINA, Respondent,
v.
FENWICK HALL, INC., Appellant.
In re ANONYMOUS, Appellant.
No. 23133.
Supreme Court of South Carolina.
Submitted Oct. 19, 1989.
Decided Jan. 8, 1990.

John E. Parker, of Peters, Murdaugh, Parker, Eltzroth & [300 S.C. 275] Detrick, P.A., Hampton, for appellant Anonymous.

Capers G. Barr, III, Charleston, for appellant Fenwick Hall.

Asst. Atty. Gen. Richard P. Wilson, Columbia, for respondent.

CHANDLER, Justice:

Appellant Anonymous appeals an Order requiring disclosure of his medical records for drug and alcohol treatment at Appellant Fenwick Hall, Inc. We reverse.

FACTS

Anonymous is a licensed medical doctor who admitted himself to Fenwick Hall, a

Page 459

drug and alcohol treatment center. He had become addicted to medication prescribed for pain resulting from an automobile accident.

Respondent State Board of Medical Examiners (Board), in the course of its investigation of alleged professional misconduct, petitioned Circuit Court for an Order directing Fenwick Hall to release Anonymous' medical records. The summons issued to Anonymous required response within four days.

After a hearing, the Court ordered Fenwick Hall to release the records. The Order references a "confidential memorandum" submitted by Board concerning its investigation, which memorandum, was neither disclosed to Anonymous, nor made part of the record.

ISSUES

Although several issues are raised, we address only

1. Whether the summons was defective, depriving the Court of jurisdiction;

2. Whether the Court erred in refusing to dismiss the petition on the ground that it failed to state facts entitling Board to relief.

[300 S.C. 276] DISCUSSION

I. SUMMONS

In Newberry County Water and Sewer Authority v. Welco Construction and Utilities Co., Inc., 275 S.C. 1, 266 S.E.2d 875 (1980), we held that a summons requiring an appearance in less than the statutory time is fatally and jurisdictionally defective. 1 Rule 12, S.C.R.C.P. entitles a defendant to thirty days in which to respond.

The summons here, requiring a response within four days, was fatally defective, vesting no personal jurisdiction in the Circuit Court.

II. FAILURE TO STATE A CLAIM

"A ruling on a 12(b)(6) motion to dismiss [for failure to state a claim] must be based solely upon allegations set forth on the face of a complaint." Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 (1987). [Emphasis supplied].

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8 practice notes
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...motion to dismiss must be based solely upon the allegations set forth in the complaint. State Bd. of Med. Examiners v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would entit......
  • Food Lion v. UNITED FOOD & COMMERCIAL, No. 3533.
    • United States
    • Court of Appeals of South Carolina
    • July 8, 2002
    ...must be based solely upon the allegations set forth on the face of the complaint. See State Bd. of Med. Exam'rs v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990). In deciding the motion, the court must view the allegations in the light most favorable to the plaintiff, "with every d......
  • O'LAUGHLIN v. Windham, No. 2809.
    • United States
    • Court of Appeals of South Carolina
    • March 16, 1998
    ...holding that Cure was entitled to judicial immunity and in granting the motion to dismiss. State Bd. of Medical Examiners v. Fenwick Hall, 300 S.C. 274, 276, 387 S.E.2d 458, 459 (1990) ("A ruling on a 12(b)(6) motion to dismiss must be based solely upon allegations set forth on the face of ......
  • Washington v. Lexington County Jail, No. 3056.
    • United States
    • Court of Appeals of South Carolina
    • October 11, 1999
    ...Holy Loch Distribs. v. Hitchcock, 332 S.C. 247, 503 S.E.2d 787 (Ct.App.1998) (citing State Bd. of Medical Examiners v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990)). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would enti......
  • Request a trial to view additional results
8 cases
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...motion to dismiss must be based solely upon the allegations set forth in the complaint. State Bd. of Med. Examiners v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would entit......
  • Food Lion v. UNITED FOOD & COMMERCIAL, No. 3533.
    • United States
    • Court of Appeals of South Carolina
    • July 8, 2002
    ...must be based solely upon the allegations set forth on the face of the complaint. See State Bd. of Med. Exam'rs v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990). In deciding the motion, the court must view the allegations in the light most favorable to the plaintiff, "with every d......
  • O'LAUGHLIN v. Windham, No. 2809.
    • United States
    • Court of Appeals of South Carolina
    • March 16, 1998
    ...holding that Cure was entitled to judicial immunity and in granting the motion to dismiss. State Bd. of Medical Examiners v. Fenwick Hall, 300 S.C. 274, 276, 387 S.E.2d 458, 459 (1990) ("A ruling on a 12(b)(6) motion to dismiss must be based solely upon allegations set forth on the face of ......
  • Washington v. Lexington County Jail, No. 3056.
    • United States
    • Court of Appeals of South Carolina
    • October 11, 1999
    ...Holy Loch Distribs. v. Hitchcock, 332 S.C. 247, 503 S.E.2d 787 (Ct.App.1998) (citing State Bd. of Medical Examiners v. Fenwick Hall, Inc., 300 S.C. 274, 387 S.E.2d 458 (1990)). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would enti......
  • Request a trial to view additional results

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