York v. Conway Ford, Inc.
| Decision Date | 27 January 1997 |
| Docket Number | No. 24564,24564 |
| Citation | 325 S.C. 170,480 S.E.2d 726 |
| Parties | John M. YORK, Appellant, v. CONWAY FORD, INC., Respondent. |
| Court | South Carolina Supreme Court |
George E. Graham, of McIver & Graham, Conway, for respondent.
Appellant contends the trial judge erred in denying his motion for a continuance, dismissing a cause of action based on the Unfair Trade Practices Act ("UTPA"), and refusing to set aside the jury's verdict on the remaining causes of action. We affirm in part and reverse in part.
On November 3, 1989, appellant John York purchased a 1988 truck from respondent Conway Ford, Inc., for $5,350.00. Appellant claims prior to purchasing the truck, he was told by Conway Ford that the truck was a "like new" demonstrator and had never been titled to an individual. Almost immediately after taking possession, York began to have mechanical trouble with the truck and on several occasions it had to be towed. In January 1990, appellant was told by a mechanic that the truck had a bent frame from a previous accident. He then returned the truck to Conway Ford and requested his money back or the truck be replaced. Conway Ford refused. Appellant sued alleging breach of contract, fraud, and violation of the UTPA. Immediately prior to the trial in August 1994, appellant learned that Conway Ford had sold the truck two weeks earlier to pay for storage fees assessed against appellant for the truck. Based upon this information appellant sought a continuance in order to amend his complaint to allege a conversion cause of action. The trial judge denied his motion for a continuance. The trial judge granted respondent's motion to dismiss the UTPA cause of action and the jury returned a verdict in favor of Conway Ford on the remaining causes of action.
1) Did the trial judge err in denying appellant's motion for a continuance?
2) Did the trial judge err in dismissing the UTPA causes of action?
3) Does the jury's verdict lack support?
Appellant contends the trial judge erred in denying his motion for a continuance. Appellant moved for the continuance in the judge's chambers. Upon reconvening in the courtroom, appellant did not place the motion on the record. The record should include the ruling on appeal. Zaman v. South Carolina State Bd. of Medical Examiners, 305 S.C. 281, 408 S.E.2d 213 (1991). An objection made during an off-the-record conference which is not made part of the record does not preserve the question for review. Benton v. Davis, 248 S.C. 402, 150 S.E.2d 235 (1966). Accordingly, this issue is procedurally barred.
Appellant contends the trial judge erred in directing a verdict on the UTPA cause of action. We agree. The trial judge ruled the UTPA was unavailable to redress a private wrong when the public interest is unaffected. To be actionable under the UTPA, the unfair or deceptive act or practice must have an impact upon the public interest. Haley Nursery Co. v. Forrest, 298 S.C. 520, 381 S.E.2d 906 (1989). Unfair or deceptive acts or practices have an impact upon the public interest if the acts or practices have the potential for repetition. Id. We hold the trial judge erred in dismissing appellant's UTPA cause of action. Conway Ford is in the business of selling cars. Certainly the alleged acts or practices have the potential for repetition.
Appellant contends the verdict for breach of contract and fraud causes of action is not supported by the evidence. We disagree. In an action at law, on appeal of a case tried by a jury, our scope of review extends merely to the correction of errors of law; a factual finding of the jury will not be disturbed on appeal unless a review of the record discloses that there is no evidence which reasonably supports the jury's finding. Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81, 221 S.E.2d 773 (1976). We have no power to review matters of...
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Bessinger v. Food Lion, Inc.
...906, 908 (1989); Global Protection Corp. v. Halbersberg, 332 S.C. 149, 503 S.E.2d 483, 487 (App.1998) (citing York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726, 728 (1997)). However, conduct that affects only the parties to the transaction and not the public interest provides no basis......
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State v. Hamilton
...an off-the-record conference which is not made part of the record does not preserve the question for review. York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726 (1997). Here, the initial off-the-record bench conferences were later made a part of the record by the acquiescence and agreem......
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Hundley ex rel. Hundley v. Rite Aid
...chambers outside the presence of a court reporter. Normally, motions must be made on the record to be preserved. York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726 (1997); see also Rule 7(b)(1), SCRCP. However, an oral motion that is later reduced to writing can preserve an issue for a......
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State v. Rice
...an off-the-record conference which is not made part of the record does not preserve the question for review. York v. Conway Ford, Inc., 325 S.C. 170, 173, 480 S.E.2d 726, 728 (1997). However, in State v. Hamilton, we held York was inapplicable when the initial off-the-record bench conferenc......
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C. Elements Defined
...156 (Ct. App. 1987). See also Williams-Garrett v. Murphy, 106 F. Supp. 2d 834 (D.S.C. 2000).[26] Consider, York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726 (1996) (where motor vehicle dealer allegedly described truck as "like new" demonstrator never titled to an individual, but vehic......
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45 Unfair Trade Practices Act Violation
...156 (Ct. App. 1987). See also Williams-Garrett v. Murphy, 106 F. Supp. 2d 834 (D.S.C. 2000).[26] Consider, York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726 (1996) (where motor vehicle dealer allegedly described truck as "like new" demonstrator never titled to an individual, but vehic......
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A. Fraud and Other Misrepresentation
...212 (Ct. App. 1989). [275] See, e.g., Singleton v. Stokes Motors, Inc., 358 S.C. 369, 595 S.E.2d 461 (2004); York v. Conway Ford Inc., 325 S.C. 170, 480 S.E.2d 726 (1997); Wright v. Craft Auto Mart, 372 S.C. 1, 640 S.E.2d 486 (Ct. App. 2006) (concealed fact of serious wreck despite question......
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Rule 39. Trial by Jury or by the Court
...matters of fact in an action at law, except to determine if a verdict is wholly unsupported by evidence." York v. Conway Ford, Inc., 325 S.C. 170, 480 S.E.2d 726, 728 (1997). "In an action at law on appeal of a case tried by a jury, the jurisdiction of this Court extends merely to correctio......