Legal Opinion

Gardner v. Newsome Chevrolet-Buick, Inc.

Supreme Court of South Carolina

Decided February 4, 1991No. 23334PublishedCited by 12 opinions

1Opinion of the Court

Finney, Justice:

Appellant Daryl Gardner appeals the trial court’s denial of his motion for class action certification. We reverse.

Appellant purchased a vehicle from respondent Newsome Chevrolet-Buick, Inc., and paid, as part of the purchase price, ninety-nine and 50/100 ($99.50) dollars, identified on the contract of sale as a “closing fee.” Appellant filed suit against respondent, alleging the commission of an unfair act in charging the fee, in violation of § 56-15-30 of the South Carolina Code of Laws (1976). Appellant filed a motion to have his action maintained as a class action, pursuant…

2Cases cited3 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Zahn v. International Paper Co.Supreme Court of the United States · 1973
  3. Miller v. Borg-Warner Acceptance Corp.Supreme Court of South Carolina · 1983

3Cited by12 opinions

  1. Maybank v. BB&T Corp.Supreme Court of South Carolina · 2016
  2. Coward Hund Construction Co. v. Ball Corp.Court of Appeals of South Carolina · 1999
  3. Plyler v. BurnsSupreme Court of South Carolina · 2007
  4. Felder v. WymanDistrict Court, D. South Carolina · 1991
  5. Creech v. N.D.T. Industries, Inc.District Court, D. South Carolina · 1993

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