Toussaint v. Ham, No. 22723

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM
Citation292 S.C. 415,357 S.E.2d 8
PartiesVincent 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
Docket NumberNo. 22723
Decision Date07 April 1987

Page 8

357 S.E.2d 8
292 S.C. 415
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.
No. 22723.
Supreme Court of South Carolina.
Heard April 7, 1987.
Decided May 26, 1987.

Page 9

Randall M. Chastain, Columbia, and A. Milling Blalock, Clinton, for appellants.

J. Michael Turner, Laurens, for respondents.

PER CURIAM:

The circuit court granted respondents' 12(b)(6) 1 motion [292 S.C. 416] 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) (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.

---------------

1 Rule 12(b)(6), SCRCP.

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29 practice notes
  • Nelson v. QHG OF SOUTH CAROLINA INC., No. 3626.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...The facts and inferences alleged on the complaint are viewed in the light most favorable to the plaintiff. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 (1987); Cowart v. Poore, 337 S.C. 359, 523 S.E.2d 182 (Ct.App.1999); Mr. G. v. Mrs. G., 320 S.C. 305, 465 S.E.2d 101 354 S.C. 301 Dismissal......
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...to the plaintiff, and with every doubt resolved in his behalf, the complaint states any valid claim for relief. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 LAW/ANALYSIS The ATF notified appellants Hart and Law that they were operating Holy Loch Distributors in violation of federal law on N......
  • Spence v. Spence, No. 26104.
    • United States
    • United States State Supreme Court of South Carolina
    • January 30, 2006
    ...the complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 LAW AND ANALYSIS Owner 2 presents four arguments alleging the circuit court erred in dismissing with prejudice her claims against Owne......
  • Doe v. Marion, No. 26323.
    • United States
    • United States State Supreme Court of South Carolina
    • May 7, 2007
    ...(1999). The complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 I. Negligence Per Se Petitioner argues the Court of Appeals erred in affirming the trial court's dismissal of Petitioner's cla......
  • Request a trial to view additional results
29 cases
  • Nelson v. QHG OF SOUTH CAROLINA INC., No. 3626.
    • United States
    • Court of Appeals of South Carolina
    • April 14, 2003
    ...The facts and inferences alleged on the complaint are viewed in the light most favorable to the plaintiff. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 (1987); Cowart v. Poore, 337 S.C. 359, 523 S.E.2d 182 (Ct.App.1999); Mr. G. v. Mrs. G., 320 S.C. 305, 465 S.E.2d 101 354 S.C. 301 Dismissal......
  • Holy Loch Distributors v. Hitchcock, No. 2860.
    • United States
    • Court of Appeals of South Carolina
    • June 29, 1998
    ...to the plaintiff, and with every doubt resolved in his behalf, the complaint states any valid claim for relief. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 LAW/ANALYSIS The ATF notified appellants Hart and Law that they were operating Holy Loch Distributors in violation of federal law on N......
  • Spence v. Spence, No. 26104.
    • United States
    • United States State Supreme Court of South Carolina
    • January 30, 2006
    ...the complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 LAW AND ANALYSIS Owner 2 presents four arguments alleging the circuit court erred in dismissing with prejudice her claims against Owne......
  • Doe v. Marion, No. 26323.
    • United States
    • United States State Supreme Court of South Carolina
    • May 7, 2007
    ...(1999). The complaint should not be dismissed merely because the court doubts the plaintiff will prevail in the action. Toussaint v. Ham, 292 S.C. 415, 357 S.E.2d 8 I. Negligence Per Se Petitioner argues the Court of Appeals erred in affirming the trial court's dismissal of Petitioner's cla......
  • Request a trial to view additional results

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