DocketNumber： 2008-UP-260
Filed Date： 5/14/2008
Status： Non-Precedential
Modified Date： 10/22/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Hallmark Marketing Corporation, Respondent,
v.
Zimeri, Inc., and Antonio Zimeri, June Zimeri, Walter Zimeri and Diana Zimeri, Appellants.
Appeal From Greenville County
John L. Breeden, Jr., Circuit Court Judge
Unpublished Opinion No. 2008-UP-260
Heard April 9, 2008 Filed May 14, 2008
Withdrawn, Substituted and Refiled June
30, 2008
REVERSED and REMANDED
T.S. Stern, Jr., of Greenville, for Appellants.
Chris Gantt-Sorensen and W. Francis Marion, Jr., both of Greenville, for Respondent.
PER CURIAM: Zimeri, Inc. appeals the circuit courts order dismissing its counterclaims for (1) breach of contract accompanied by a fraudulent act and (2) violation of the South Carolina Unfair Trade Practices Act[1] (SCUTPA). We accept the circuit courts determination and treatment of Hallmarks motion before it as a Rule 12(b)(6), SCRCP, motion to dismiss, and reverse and remand pursuant to Rule 220(b)(2), SCACR, and the following authorities: Charleston County School Dist. v. Laidlaw Transit, Inc., 348 S.C. 420, 424, 559 S.E.2d 362, 364 (Ct. App. 2001) (stating a motion to dismiss a counterclaim must be based solely on the allegations set forth in the counterclaim); Stiles v. Onorato, 318 S.C. 297, 300, 457 S.E.2d 601, 602-3 (1995) (A Rule 12(b)(6) motion may not be sustained if facts alleged and inferences reasonably deducible therefrom would entitle the [complainant] to any relief on any theory of the case.); Dye v. Gainey, 320 S.C. 65, 68, 463 S.E.2d 97, 99 n.2 (Ct. App. 1995) (Since a decision on a Rule 12(b)(6) motion is confined to the four corners of the complaint, the trial judge erred in considering a potential defense.); Daisy Outdoor Advertising Co., Inc. v. Abbott, 322 S.C. 489, 493, 473 S.E.2d 47, 49 (1996) (finding a party bringing a SCUTPA claim must only allege and then ultimately prove facts demonstrating the potential for repetition of the defendants acts to prove an adverse effect on the public interest).
For the foregoing reasons, the circuit courts order is
REVERSED and REMANDED.
HEARN,
C.J., and PIEPER, J., and CURETON, A.J., concur.
[1] S.C. Code Ann. § 39-5-10 (Supp. 2007).