Huntley v. Young

This is an appeal from an order denying appellant’s Rule 12(b)(6), SCRCP, motion to dismiss all nine causes of action alleged in respondents’ complaint. Although generally the denial of Rule 12(b)(6) motion is not directly appealable, we have allowed an appeal in cases such as this where the issue is whether a claim is properly asserted as a direct action or as a shareholder’s derivative action. Compare Moyd v. Johnson, 289 S.C. 482, 347 S.E. (2d) 97 (1986) with Hite v. Thomas & Howard Co., 305 S.C. 358, 409 S.E. (2d) 340 (1991). We now reconsider Hite, and overrule it to the extent it holds…