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LISTER v. NATIONSBANK

No. 2754.

329 S.C. 133 (1997)

494 S.E.2d 449

Cynthia L. LISTER and Toney J. Lister, Respondents, v. NATIONSBANK of Delaware, N.A. and Avis Rent A Car Systems, Inc., Defendants, Of which Avis Rent A Car Systems, Inc. is Appellant.

Court of Appeals of South Carolina.

Decided November 17, 1997.

Rehearing Denied January 22, 1998.

Attorney(s) appearing for the Case

David L. Moore, Jr., of Love, Thornton, Arnold, & Thomason, Greenville, for appellant.

Roger L. Couch and John Hawkins, both of Lister, Couch Courtney, Spartanburg, for respondents.

ANDERSON, Judge:

This case involves unauthorized charges on the credit card of Toney and Cynthia Lister (Listers) by an Avis Rent A Car Systems (Avis) licensee, ASHA, N.V., which is located on Aruba. The Listers filed a complaint against NationsBank of Delaware, N.A., and Avis for various causes of action, including constructive fraud and breach of contract accompanied by a fraudulent act. Avis failed to answer the complaint and the Listers filed an Affidavit of Default...

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