Grate v. Bone

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

Joseph N. Grate,       
Appellant,

v.

Helen Bone,       
Respondent.

Appeal From Horry County

John  L.  Breeden, Circuit Court Judge

Unpublished Opinion No. 2004-UP-221

Submitted January 29, 2004 – Filed March
30, 2004

AFFIRMED

Joseph N. Grate, for Appellant.

Arrigo Paul Carotti, of Conway, for Respondent.

PER CURIAM:  Joseph Grate filed a complaint against Helen Bone, a court
reporter, concerning a transcript for a hearing.  Grate appeals from the circuit
court’s order dismissing his complaint. We affirm.
[1]

FACTS

Grate sued Bone for failing to deliver a transcript
to him, alleging Bone obstructed his access to due process, deprived him of
speedy access to justice, obstructed justice, and concealed evidence. 

Bone moved to dismiss the complaint on the grounds
that the complaint failed to state facts sufficient to constitute a cause of
action in that the complaint failed to allege that Grate paid Bone for the transcript. 
The court granted Bone’s motion.

STANDARD OF REVIEW

“In deciding whether the circuit court properly granted the
motion to dismiss under Rule 12(b)(6), SCRCP, this court must consider whether
the complaint, when viewed in the light most favorable to the plaintiff, states
any valid claim for relief.” Slack v. James, 356 S.C. 479, 482, 589 S.E.2d
772, 773 (Ct. App. 2003).  The circuit court should not grant a motion to dismiss
if “facts alleged and inferences reasonably deducible therefrom would entitle
the plaintiff to any relief on any theory of the case.” Gentry v. Yonce,
337 S.C. 1, 5, 522 S.E.2d 137, 139 (1999) (quoting Stiles v. Onorato,
318 S.C. 297, 300, 457 S.E.2d 601, 602 (1995)). 

LAW/ANALYSIS

Grate argues the circuit court erred in granting
Bone’s motion to dismiss.  We disagree.

Grate’s complaint simply alleges that Grate requested
a transcript from Bone and Bone failed to deliver the transcript to him.  Her
failure to provide a transcript when there has been no allegation of payment
for the transcript does not entitle Grate to relief on any theory of the case.
[2]   Because Grate has failed to state facts sufficient to constitute any
legally cognizable cause of action against Bone, the circuit court properly
granted Bone’s motion to dismiss.

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

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

[2] “Where a transcript of the proceeding must be
prepared by the court reporter, appellant shall, within the time provided
for ordering the transcript, make satisfactory arrangements (including agreement
regarding payment for the transcript), in writing with the court reporter
for furnishing the transcript.” Rule 207 SCACR.