Rowe v. Hyatt, No. 24395

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtBURNETT; Hyatt was the sole shareholder, president, and director of Imperial. At trial, however, the Rowes conceded they had no dealings with Hyatt individually and there was no evidence that Hyatt had himself misrepresented cars or that he directed;
Citation468 S.E.2d 649,321 S.C. 366
PartiesRoger D. ROWE and Mitchalene Rowe, Respondents, v. Ken HYATT and Imperial Chrysler-Plymouth, Inc., d/b/a Ken Hyatt Chrysler-Plymouth, Inc., Petitioners. . Heard
Decision Date08 February 1996
Docket NumberNo. 24395

Page 649

468 S.E.2d 649
321 S.C. 366
Roger D. ROWE and Mitchalene Rowe, Respondents,
v.
Ken HYATT and Imperial Chrysler-Plymouth, Inc., d/b/a Ken
Hyatt Chrysler-Plymouth, Inc., Petitioners.
No. 24395.
Supreme Court of South Carolina.
Heard Feb. 8, 1996.
Decided March 25, 1996.
Rehearing Denied April 18, 1996.

Kenneth W. Ebener and S. Jahue Moore, both of Kirkland, Wilson, Moore, Allen & Taylor, P.A., West Columbia, for petitioners.

Grady L. Patterson, III, and Keith C. McCook, both of Quinn, Patterson & Willard, Columbia, for respondents.

Page 650

[321 S.C. 368] ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

BURNETT, Justice:

We granted certiorari to review the Court of Appeals' decision in Rowe v. Hyatt, 317 S.C. 172, 452 S.E.2d 356 (Ct.App.1994). We reverse.

FACTS

Respondents (the Rowes) purchased a car from Imperial Chrysler-Plymouth (Imperial) after a salesman represented the car to be a 1987 demonstrator. When the Rowes discovered the car was actually a 1986 model which had been purchased from a rental fleet, they sued Imperial and its owner Ken Hyatt (Hyatt) for common law fraud, violation of the Unfair Trade Practices Act (UTPA), S.C.Code Ann. §§ 39-5-10 through 39-5-560 (1985 & Supp.1995), and violation of the Regulation of Manufacturers, Distributors and Dealers Act (Dealers Act), S.C.Code Ann. §§ 56-15-10 through 56-15-600 (1991 & Supp.1995).

At trial, the Rowes prevailed on all three causes of action against Imperial, and elected to recover under the Dealers Act. As for the actions against Hyatt individually, the Rowes dismissed the fraud action and the trial judge directed a verdict for Hyatt on the UTPA and Dealers Act actions. The Rowes appealed the directed verdicts in favor of Hyatt.

On appeal, the Court of Appeals affirmed the directed verdict for Hyatt on the UTPA action, but reversed the directed verdict on the Dealers Act action and remanded for entry of judgment against Hyatt for the damages the jury assessed against Imperial.

ISSUE

Did the Court of Appeals err in reversing the directed verdict in favor of Hyatt on the Dealers Act cause of action?

DISCUSSION

Hyatt was the sole shareholder, president, and director of Imperial. At trial, however, the Rowes conceded they had no dealings with Hyatt individually and there was no evidence that Hyatt had himself misrepresented cars or that he directed[321 S.C. 369] , authorized, or encouraged his salesmen to misrepresent cars. Nevertheless, the Rowes argued that because...

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41 practice notes
  • Williamson v. Middleton, No. 4243.
    • United States
    • Court of Appeals of South Carolina
    • May 7, 2007
    ...v. Town of Pageland, 321 S.C. 538, 471 S.E.2d 137 (1996); Byrd v. Irmo High School, 321 S.C. 426, 468 S.E.2d 861 (1996); Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 I. SECTION 39-65-30 OF THE SOUTH CAROLINA CODE Williamson first argues Middleton is not entitled to attorney's fees because he......
  • State v. Dupree, No. 3657.
    • United States
    • Court of Appeals of South Carolina
    • June 30, 2003
    ...and ordinary meaning without resorting to subtle or forced construction which limits or expands the statute's operation. Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 (1996); City of Sumter Police Dep't, 330 S.C. at 375, 498 S.E.2d at 896. When faced with an undefined statutory term, the cour......
  • CAFE v. SC DEPT. OF LABOR, LICENSING, No. 3061.
    • United States
    • Court of Appeals of South Carolina
    • October 25, 1999
    ...440 S.E.2d 373 (1994). The court may not resort to subtle or forced construction to limit or expand a statute's operation. Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 (1996); Paschal v. State Election Comm'n, 317 S.C. 434, 454 S.E.2d 890 (1995); Anderson v. State Farm Mut. Auto. Ins. Co., 3......
  • Stephen v. Avins Const. Co., No. 2570
    • United States
    • Court of Appeals of South Carolina
    • September 11, 1996
    ...meaning without resorting to subtle or forced construction to limit or expand the statute's operation. Rowe v. Hyatt, --- S.C. ----, 468 S.E.2d 649 (1996); Paschal v. State Election Comm'n, 317 S.C. 434, 454 S.E.2d 890 (1995); Anderson v. State Farm Mut. Auto. Ins. Co., 314 S.C. 140, 442 S.......
  • Request a trial to view additional results
41 cases
  • Williamson v. Middleton, No. 4243.
    • United States
    • Court of Appeals of South Carolina
    • May 7, 2007
    ...v. Town of Pageland, 321 S.C. 538, 471 S.E.2d 137 (1996); Byrd v. Irmo High School, 321 S.C. 426, 468 S.E.2d 861 (1996); Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 I. SECTION 39-65-30 OF THE SOUTH CAROLINA CODE Williamson first argues Middleton is not entitled to attorney's fees because he......
  • State v. Dupree, No. 3657.
    • United States
    • Court of Appeals of South Carolina
    • June 30, 2003
    ...and ordinary meaning without resorting to subtle or forced construction which limits or expands the statute's operation. Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 (1996); City of Sumter Police Dep't, 330 S.C. at 375, 498 S.E.2d at 896. When faced with an undefined statutory term, the cour......
  • CAFE v. SC DEPT. OF LABOR, LICENSING, No. 3061.
    • United States
    • Court of Appeals of South Carolina
    • October 25, 1999
    ...440 S.E.2d 373 (1994). The court may not resort to subtle or forced construction to limit or expand a statute's operation. Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 (1996); Paschal v. State Election Comm'n, 317 S.C. 434, 454 S.E.2d 890 (1995); Anderson v. State Farm Mut. Auto. Ins. Co., 3......
  • Stephen v. Avins Const. Co., No. 2570
    • United States
    • Court of Appeals of South Carolina
    • September 11, 1996
    ...meaning without resorting to subtle or forced construction to limit or expand the statute's operation. Rowe v. Hyatt, --- S.C. ----, 468 S.E.2d 649 (1996); Paschal v. State Election Comm'n, 317 S.C. 434, 454 S.E.2d 890 (1995); Anderson v. State Farm Mut. Auto. Ins. Co., 314 S.C. 140, 442 S.......
  • Request a trial to view additional results

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