Summary
ruling on 12(b) motion to dismiss must be based solely upon allegations set forth on the face of complaint and motion cannot be sustained if facts alleged and inferences reasonably deducible therefrom would entitle plaintiff to any relief on any theory of the case
Summary of this case from Slack v. JamesOpinion
22723
Heard April 7, 1987.
Decided May 26, 1987.
Randall M. Chastain, Columbia, and A. Milling Blalock, Clinton, for appellants. J. Michael Turner, Laurens, for respondents.
Heard April 7, 1987.
Decided May 26, 1987.
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.