Cantrell v. Aiken County

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Unpublished Opinion No. 2018-UP-269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.