BAZZLE v. GREEN TREE FINANCIAL CORP.

No. 25523.

351 S.C. 244 (2002)

569 S.E.2d 349

Lynn W. BAZZLE and Burt A. Bazzle, in a representative capacity on behalf of a class and for all others similarly situated, Respondents, v. GREEN TREE FINANCIAL CORP. a/k/a Green Tree Acceptance Corporation a/k/a Green Tree Financial Services Corporation n/k/a Conseco Finance, Inc., Appellant. Daniel B. Lackey, George Buggs, and Florine Buggs, in a representative capacity on behalf of a class and for all others similarly situated, Respondents, v. Green Tree Financial Corp., a/k/a Green Tree Financial Services Corp., a/k/a Green Tree Acceptance Corp., n/k/a Conseco Finance, Inc., Appellant.

Supreme Court of South Carolina.

Decided August 26, 2002.


Attorney(s) appearing for the Case

Herbert W. Hamilton, of Kennedy Covington Lobdell & Hickman, L.L.P., of Rock Hill; Wilburn Brewer, Jr. and Robert C. Byrd, of Nexsen Pruet Jacobs Pollard & Robinson, L.L.P., of Charleston; and Alan S. Kaplinsky and Mark J. Levin, of Ballard Spahr Andrews & Ingersoll, L.L.P., of Philadelphia, P.A., all for appellant.

Steven W. Hamm, of Richardson Plowden Carpenter & Robinson, P.A., of Columbia; D. Michael Kelly, Bradford P. Simpson and B. Randall Dong, all of Suggs & Kelly Lawyers, P.A., of Columbia; Mary Leigh Arnold, of Mary Leigh Arnold, P.A., of Mt. Pleasant; Charles L.A. Terreni, of Terreni Law Firm, of Columbia; and T. Alexander Beard, of Beard Law Offices of Mt. Pleasant, all for respondents.

Christopher R. Lipsett, Eric J. Mogilnicki, Christopher J. Mead, all of Wilmer, Cutler & Pickering, of New York City; and John T. Moore, B. Rush Smith, III and Thad H. Westbrook, all of Nelson, Mullins, Riley & Scarborough, L.L.P., of Columbia, all for Amicus Curiae American Bankers Association, American Financial Services Association, Consumer Bankers Association, South Carolina Bankers Association, and South Carolina Merchants Association, in support of appellant.

John F. Hardaway, of Columbia; and Michael D. Donovan, of Donovan Searles, L.L.C., of Philadelphia, P.A., both for Amicus Curiae National Association of Consumer Advocates, in support of respondents.


Chief Justice TOAL:

Two classes of plaintiffs, represented by Lynn and Burt Bazzle, et. al. ("Bazzles") and by Daniel Lackey, et. al. ("Lackey"), were awarded damages pursuant to their respective class action arbitrations against Green Tree Financial Corporation ("Green Tree") for violations of the South Carolina Consumer Protection Code.1 Green Tree appeals the arbitrator's2 awards in both cases, on grounds...

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