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Breland v. Love Chevrolet Olds3/6/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Hampton County Howard P. King, Circuit Court Judge
Heard February 3, 2000
AFFIRMED
This case is an appeal from a Court of Appeals order denying immediate appellate review of a motion to transfer venue. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
On October 29, 1996, James Brian Cooke fell out of a 1987 Chevy Blazer to his death. His personal representative Judy Breland ("Plaintiff') filed a wrongful death action against defendants General Motors, the . car's manufacturer, and Love Chevrolet, the car's retailer (collectively the "Defendants"). The complaint alleged a defective doorhandle and latching system caused Cooke's death.
In their answers, both defendants asserted that venue was improper in Hampton County. Love Chevrolet is a resident of Lexington County. General Motors is a foreign corporation. Plaintiff, a resident of Hampton County, argued venue was proper in Hampton County based on General Motors being a resident of Hampton County. General Motors and Love Chevrolet denied that General Motors is a resident of Hampton County and argued venue should be transferred to Lexington County.
The trial court held a hearing on June 3, 1998 to consider the venue dispute. The trial court found General Motors was a resident of Hampton County for venue purposes and therefore venue was proper for both defendants in Hampton County pursuant to S.C. Code Ann. § 15-7-30 (1976). The trial court ruled that General Motors had enough "substantial and continuous" contacts to qualify as a resident of Hampton County based on General Motors' 50 year relationship with a Hampton County car dealership. That local
Hampton County dealership purchases and sells General Motors cars and parts, uses General Motors techniques and assistance, and advertises General Motors' products. General Motors has done over $18 million in business in Hampton County over the previous 3 years. General Motors also has several contractual relationships with divisions and subsidiaries in Hampton County that retain security interests on the items kept on the local dealer's property: The local dealer even estimates that half of the cars driven in Hampton County come from his local dealership.
On July, 31, 1998, Defendants filed a joint notice of appeal from the trial court's decision denying a transfer of venue. Plaintiff moved to dismiss the appeal on the ground that the trial court's order was interlocutory and not immediately appealable. The Court of Appeals issued an order dismissing the appeal on August 31, 1998. Defendants filed a motion for rehearing that was denied on October 15, 1998.
Defendants then appealed the following issue to this court:
Is a trial court's order denying a motion to change venue immediately appealable?
LAW/ANALYSIS
The Defendants argue an order denying a change of venue should be immediately appealable because: (1) such orders meet the requirements of S.C. Code Ann. § 14-3-330(2)(C) (1976); and (2) this Court has entertained such appeals before. We disagree with both arguments.
I. Section 14-3-330
Defendants argue that under section 14-3-330(2)(C) the order denying a change in venue is immediately appealable. We disagree.
The relevant portion of section 14-3-330 states:
The Supreme Court shall have appellate jurisdiction for correction of errors of law in law cases, and shall review upon appeal:
(2) An order affecting a substantial right made in an action when such order . . .(c) strikes out an answer or any par
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