Cantrell v. Aiken County

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

Carlton E. Cantrell, Appellant,

v.

Aiken County, Aiken County Animal Control/Code Enforcement Director Bobby Arthurs, Aiken County Animal Control/Code Enforcement Officer Ron Cooper, and Judge Donna L. Williamson, Respondents.

Appellate Case No. 2016-002275

Appeal From Aiken County Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2018-UP-269 Submitted June 1, 2018 – Filed June 27, 2018

AFFIRMED

Carlton E. Cantrell, pro se, of Aiken.

Daniel Clifton Plyler, of Davidson & Lindemann, PA, of Columbia, for Respondents.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Rule 12(b)(6), SCRCP (stating a defendant may move to dismiss a complaint on the basis that the plaintiff failed to allege facts sufficient to constitute a cause of action); Bergstrom v. Palmetto Health Alliance, 358 S.C. 388, 395, 596 S.E.2d 42, 45 (2004) ("In considering such a motion, the [circuit] court must base its ruling solely on allegations set forth in the complaint."); Flateau v. Harrelson, 355 S.C. 197, 202, 584 S.E.2d 413, 416 (Ct. App. 2003) (noting this court will affirm a dismissal under Rule 12(b)(6) "if the facts alleged in the complaint do not support relief under any theory of law"); Rule 8(f), SCRCP ("All pleadings shall be so construed as to do substantial justice to all parties."); Unisun Ins. v. Hawkins, 342 S.C. 537, 541-42, 537 S.E.2d 559, 561 (Ct. App. 2000) ("[This court] will not, however, write into the pleadings allegations and defenses that are not presented."); McBride v. Sch. Dist. of Greenville Cty., 389 S.C. 546, 565, 698 S.E.2d 845, 855 (Ct. App. 2010) ("The elements of malicious prosecution are (1) the institution or continuation of original judicial proceedings; (2) by or at the instance of the defendant; (3) termination of such proceedings in plaintiff's favor; (4) malice in instituting such proceedings; (5) lack of probable cause; and (6) resulting injury or damage." (emphasis added)).

AFFIRMED.1

HUFF, GEATHERS, and MCDONALD, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.