Brown v. State ( 2017 )

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
Orlando Ira Brown, Appellant,
v.
State of South Carolina, Respondent.
Appellate Case No. 2015-002367
Appeal From Richland County
Tanya A. Gee, Circuit Court Judge
Unpublished Opinion No. 2017-UP-042
Submitted October 1, 2016 – Filed January 18, 2017
AFFIRMED
Orlando Ira Brown, of Blythewood, pro se.
Daniel R. Settana, Jr. and Temus C. Miles, Jr., of McKay
Cauthen Settana & Stubley, PA, of Columbia, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Flateau v. Harrelson, 355 S.C. 197, 202, 584 S.E.2d 413, 415 (Ct.
App. 2003) ("In deciding whether the trial court properly granted the motion to
dismiss, this [c]ourt must consider whether the complaint, viewed in the light most
favorable to the plaintiff, states any valid claim for relief."); id. at 201-02, 584
S.E.2d at 415 ("Generally, in considering a 12(b)(6)[, SCRCP,] motion, the trial
court must base its ruling solely upon allegations set forth on the face of the
complaint.").1
AFFIRMED.2
LOCKEMY, C.J., and KONDUROS and MCDONALD, JJ., concur.
1
Appellant's argument that under 42 U.S.C. § 2000d-7 (2016) the State was not
immune from suit is not preserved for this court's review. See Wilder Corp. v.
Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue
cannot be raised for the first time on appeal, but must have been raised to and ruled
upon by the [circuit court] to be preserved for appellate review.").
2
We decide this case without oral argument pursuant to Rule 215, SCACR.