Jarmuth v. The International Club Homeowners Association

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

Ronald Jarmuth, Appellant,

v.

The International
Club Homeowners Association, Inc., Rosemary Toth, Henrietta Golding, and K.A.
Diehl & Associates, Respondents.

Appeal From Horry County

Benjamin H. Culbertson, Circuit Court
Judge

Unpublished Opinion No. 2011-UP-233

Submitted May 1, 2011 – Filed May 19, 2011

AFFIRMED

Ronald Jarmuth, pro se, of Murrells Inlet,
for Appellant.

Robert E. Stepp, of Columbia and Henrietta
U. Golding of Myrtle Beach, for Respondents.

PER CURIAM:  Ronald
Jarmuth appeals a trial court's dismissal of his action against Henrietta
Golding arising out of her representation of Rosemary Toth and The
International Club Homeowners Association, Inc. (the Association) for failure
to state a claim under Rule 12(b)(6), SCRCP.  Specifically, he contends the
trial court erred in holding Golding's conduct fell within attorney immunity.  He
also maintains the trial court erred in considering matters not properly
introduced by the parties.  Among those matters were portions of legal
authorities not specifically raised during the dismissal hearing, allegations
that Golding owed an independent duty to Jarmuth, and the motion to dismiss and
a memorandum in support of that motion.  Even if those matters were properly
before the trial court, Jarmuth asserts they transformed the dismissal hearing
into a summary judgment hearing.  Lastly, he argues the trial court erred in issuing
an order that dismissed his actions against Toth, the Association, and K.A.
Diehl & Associates (Diehl).  We affirm[1] pursuant to Rule 220(b)(2), SCACR ("The Court of Appeals need not address
a point which is manifestly without merit.").

AFFIRMED.

FEW, C.J., PIEPER and
LOCKEMY, JJ., concur.

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