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MULLINAX v. J. M. BROWN AMUSEMENT CO.

No. 2649.

326 S.C. 453 (1997)

485 S.E.2d 103

Gladys H. MULLINAX, Appellant, v. J.M. BROWN AMUSEMENT CO., INC., Petroleum Distributors, Inc., and J.R. Stroupe, Respondents.

Court of Appeals of South Carolina.

Decided March 31, 1997.

Rehearing Denied May 22, 1997.

Attorney(s) appearing for the Case

J. Gregory Studemeyer, Columbia; and Thomas F. McDow, of Rock Hill, for appellant.

William E. Winter, Jr., and William G. Rhoden, of Winter & Rhoden, Gaffney, for respondent, Petroleum Distributors, Inc.

Richard H. Rhodes, of Spartanburg; Jonathan Z. McKown and Wade S. Weatherford, III, both of Gaffney, all for respondent, J.M. Brown Amusement Co., Inc.

J.R. Stroupe, Gaffney, pro se.

HUFF, Judge:

Gladys Mullinax filed this action for the recovery of her husband's gambling losses under S.C.Code Ann. § 32-1-20 (1991) in 1993. The trial judge directed a verdict for Respondents on the grounds that Appellant's suit was collusive and barred by § 32-1-20. After a review of the legislative policy behind the statute and an examination of other jurisdictions' interpretations of the statute, we reverse and remand.1...

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