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SUN LIGHT PREPAID PHONECARD v. STATE

No. 25840.

360 S.C. 49 (2004)

600 S.E.2d 61

SUN LIGHT PREPAID PHONECARD CO., INC., and DTL Companies, Inc., Plaintiffs, v. STATE of South Carolina and South Carolina Law Enforcement Division, Defendants. Phonecards R Us, Inc., R.L. Jordan Oil Company of North Carolina, Inc. and DTL Companies, Inc., Plaintiffs, v. State of South Carolina and South Carolina Law Enforcement Division, Defendants, Of Whom Phonecards R Us, Inc., and R.L. Jordan Oil Company of North Carolina, Inc. are Appellants, And State of South Carolina and South Carolina Law Enforcement Division are Respondents.

Supreme Court of South Carolina.

Decided July 6, 2004.

Rehearing Denied August 19, 2004.

Attorney(s) appearing for the Case

Matthew A. Henderson and Joshua M. Henderson, of Henderson, Brandt & Vieth, of Spartanburg, for appellants.

Assistant Attorney General Elizabeth R. McMahon, of Columbia; William H. Davidson, II, and Andrew Lindemann, of Davidson, Morrison, and Lindemann, P.A., of Columbia, for respondents.

W. Hogan Brown, Carl W. Stent, and David M. Barden, all of Columbia, for Amicus Curiae.

Justice MOORE:

We are asked to determine whether the trial court erred by finding certain long distance telephone cards and electronic phone card dispensers to be illegal gambling devices. We affirm.

PROCEDURAL FACTS

Appellants commenced this action following respondents' (the State's) seizure of appellants' pre-paid, long distance telephone cards (phone cards) and electronic phone card dispensers....

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