Toussaint v. Ham, 22723
| Decision Date | 07 April 1987 |
| Docket Number | No. 22723,22723 |
| Citation | 292 S.C. 415,357 S.E.2d 8 |
| Court | South Carolina Supreme Court |
| Parties | Vincent S. TOUSSAINT and Patricia W. Toussaint, Appellants, v. Clem HAM, Individually and as Administrator of Bailey Memorial Hospital and Laurens District Hospital, Russell Emerson, James G. Ferguson, Edward M. Corley, Walter A. Sigman, Jr., W. Paul Culbertson, L.W. McClain, Michael R. Meeks, James L. Walker and Reese H. Young, Individually and as Directors of the Laurens County Health Care System and Laurens County Council, Respondents. . Heard |
Randall M. Chastain, Columbia, and A. Milling Blalock, Clinton, for appellants.
J. Michael Turner, Laurens, for respondents.
The circuit court granted respondents' 12(b)(6) 1 motion and dismissed appellants' challenge to a bond referendum held in Laurens County. We reverse and remand.
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)
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.
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