Page:Brown v. Tucker.pdf/3

Rh court concluded that appellant had failed to state sufficient facts upon which any relief could be granted and that the trial court did not err in dismissing the complaint pursuant to Ark. R. Civ. P. 12(b)(6); the supreme court modified the trial court's ruling to be a dismissal with prejudice.

Appeal from Pulaski Circuit Court, Third Division; John Ward, Judge; affirmed as modified.

Tona M. DeMers, for appellant.

Winston Bryant, Att'y Gen., by: Kay J. Jackson DeMailly, Asst. Att'y Gen., for appellee.

D L. C, Justice. Appellant Larry Douglass Brown appeals the order of the Pulaski County Circuit Court dismissing his complaint against Appellee Jim Guy Tucker for slander, tortious interference with employment expectancy, and outrage. Our jurisdiction of this appeal is pursuant to Ark. Sup. Ct. R. 1-2(a)(15), as it presents issues involving the law of torts. Appellant argues on appeal that the trial court erred in dismissing his complaint. We find no error and affirm.

From what little facts we have been provided, it appears that Appellant filed suit against Appellee as a result of Appellant's being removed from his position as an investigator with the Arkansas State Police, and being reassigned to the position of patrol officer. In his motion to dismiss filed below, Appellee raised the issues of sovereign immunity, individual immunity, and the complaint's failure to state facts upon which relief could be granted as provided in ARCP Rule 12(b)(6). The order of the trial court, however, reflects only that Appellee's motion to dismiss was granted; there is no indication as to why the case was dismissed, nor are there any factual findings or conclusions. We affirm the trial court's ruling on the basis that Appellant failed to state sufficient facts in his complaint.

[1-3] In reviewing the denial of a dismissal granted pursuant to Rule 12(b)(6), we treat the facts alleged in the complaint as true and view them in the light most favorable to the party who filed the complaint. Malone v. Trans-States Lines, Inc., 325 Ark. 383, 926 S.W.2d 659 (1996). When the trial court decides Rule