Skydive Myrtle Beach, Inc. (f/k/a Skydive Myrtle Beach, LLC ), Petitioner v. Horry County, Horry County Department…

Summary

The court held that a trial court may not dismiss a complaint with prejudice under Rule 12(b)(6) without considering whether the plaintiff should receive leave to amend under Rule 15(a). Leave to amend should be freely granted unless the opposing party shows a valid reason for denial, and an amendment may be rejected for futility only when it is clearly futile. Because Skydive could potentially plead facts bringing the individual defendants within exceptions to governmental immunity, the court reversed and remanded.