Articles Posted in South Dakota Supreme Court

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The Supreme Court affirmed the order of the circuit court dismissing Appellant’s appeal from a letter sent by the South Dakota Board of Pardons and Paroles denying Appellant’s request to review her parole date again. Appellant, a prison inmate, did not appeal from the Board’s adjudication of her initial parole-eligibility date. Two years later, Appellant requested the Board to reconsider. The Board declined, and Appellant filed an administrative appeal in circuit court. The circuit court dismissed the appeal with prejudice, concluding that it lacked subject matter jurisdiction because (1) the Board’s letter was not an appealable “decision, order, or action” within the meaning of S.D. Codified Laws 1-26-30.2; and (2) it did not have subject matter jurisdiction to review the Board’s final parole determination. In affirming, the Supreme Court held (1) the Board’s letter declining an additional review was not a final decision in a contested case that could be appealed to the circuit court; and (2) because Appellant did not appeal the Board’s final determination within thirty days as required by S.D. Codified Laws 1-26-31, the circuit court correctly concluded that it did not have subject matter jurisdiction to hear Appellant’s appeal. View "Peterson v. South Dakota Board of Pardons & Paroles" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from a circuit court’s order revoking the clerk of court’s issuance of letters of appointment and the clerk’s statement of informal probate and appointment of personal representative, holding that the circuit court’s order was not a final order from which an appeal can be taken. On appeal, Appellant argued that the circuit court erred in its revocation without giving Appellant notice or an opportunity to be heard. The Supreme Court held that, until further proceedings determined the rights of the parties as it related to the appointment of a personal representative and to the probate of the decedent’s will, the Court did not have appellate jurisdiction under S.D. Codified Laws 15-26A-3(2). View "Estate of Stanton W. Fox" on Justia Law

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The Supreme Court granted Plaintiff’s motion for a stay of a circuit court’s final judgment pending appeal and dismissed his appeal from a non-final judgment. In this property dispute, Plaintiff sued Defendant, and Defendant counterclaimed. The Supreme Court dismissed the complaint on summary judgment. Neither the counterclaims nor the pending motions for attorney’s fees were addressed, however. Defendant appealed. Thereafter, the circuit court filed a final judgment disposing of all pending claims. Plaintiff filed a motion to stay execution of that part of the circuit court’s final judgment ordering immediate release of the lis pendens Plaintiff had previously filed as to the property at issue in this case. The circuit court denied the stay. Plaintiff then moved the Supreme Court for special relief to grant the stay and filed a second notice of appeal as to the circuit court’s final judgment. The Supreme Court dismissed Plaintiff’s first appeal of the summary judgment because it was not final but granted his motion for special relief and stayed execution of the lower court’s judgment relating to the lis pendens, holding that the circuit court should have granted Plaintiff’s motion for a stay under the circumstances of this case. View "Healy v. Osborne" on Justia Law

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The Supreme Court granted Plaintiff’s motion for a stay of a circuit court’s final judgment pending appeal and dismissed his appeal from a non-final judgment. In this property dispute, Plaintiff sued Defendant, and Defendant counterclaimed. The Supreme Court dismissed the complaint on summary judgment. Neither the counterclaims nor the pending motions for attorney’s fees were addressed, however. Defendant appealed. Thereafter, the circuit court filed a final judgment disposing of all pending claims. Plaintiff filed a motion to stay execution of that part of the circuit court’s final judgment ordering immediate release of the lis pendens Plaintiff had previously filed as to the property at issue in this case. The circuit court denied the stay. Plaintiff then moved the Supreme Court for special relief to grant the stay and filed a second notice of appeal as to the circuit court’s final judgment. The Supreme Court dismissed Plaintiff’s first appeal of the summary judgment because it was not final but granted his motion for special relief and stayed execution of the lower court’s judgment relating to the lis pendens, holding that the circuit court should have granted Plaintiff’s motion for a stay under the circumstances of this case. View "Healy v. Osborne" on Justia Law

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The Supreme Court affirmed the circuit court’s denial of Appellants’ denial of their request for preliminary injunctive relief against River Bluff Estates, LLC, holding that Appellants did not demonstrate the need for preliminary injunctive relief. Appellants filed a complaint against River Bluff, alleging nuisance (increased drainage due to physical changes to River Bluff’s property) and trespass (rain events causing an encroachment of the slope onto Appellants’ properties). Appellants requested preliminary and permanent injunctive relief and damages. The circuit court denied preliminary injunctive relief. The Supreme Court affirmed the denial of preliminary injunctive relief and remanded for further proceedings on Appellants’ legal and equitable claims, holding (1) the circuit court erred in concluding that monetary compensation would afford Appellants adequate relief in this case, but nevertheless, Appellants failed to demonstrate that they were likely to suffer irreparable harm prior to a final disposition of the case on its merits; and (2) the circuit court’s factual findings and legal conclusions were not preclusive as to the merits of Appellants’ request for permanent injunctive relief. View "Hedlund v. River Bluff Estates, LLC" on Justia Law

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The Supreme Court affirmed the circuit court’s denial of Appellants’ denial of their request for preliminary injunctive relief against River Bluff Estates, LLC, holding that Appellants did not demonstrate the need for preliminary injunctive relief. Appellants filed a complaint against River Bluff, alleging nuisance (increased drainage due to physical changes to River Bluff’s property) and trespass (rain events causing an encroachment of the slope onto Appellants’ properties). Appellants requested preliminary and permanent injunctive relief and damages. The circuit court denied preliminary injunctive relief. The Supreme Court affirmed the denial of preliminary injunctive relief and remanded for further proceedings on Appellants’ legal and equitable claims, holding (1) the circuit court erred in concluding that monetary compensation would afford Appellants adequate relief in this case, but nevertheless, Appellants failed to demonstrate that they were likely to suffer irreparable harm prior to a final disposition of the case on its merits; and (2) the circuit court’s factual findings and legal conclusions were not preclusive as to the merits of Appellants’ request for permanent injunctive relief. View "Hedlund v. River Bluff Estates, LLC" on Justia Law

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Sally Richardson alleged that her husband Michael forced her to work as a prostitute during the course of their marriage. Sally also alleged that Michael emotionally, physically, and sexually abused her, causing both humiliation and serious health problems. Sally divorced Michael on the grounds of irreconcilable differences, reserving by stipulation the right to bring other nonproperty causes of action against him. Following the divorce, Sally brought suit against Michael, alleging intentional infliction of emotional distress (IIED). The court, bound by South Dakota Supreme Court precedent in Pickering v. Pickering, 434 N.W.2d 758, (S.D. 1989), dismissed Sally’s suit for failing to state a claim upon which relief can be granted. Pickering held IIED was unavailable as a matter of public policy when it was predicated on conduct leading to the dissolution of marriage. Finding that Pickering was “ripe for reexamination for a number of reasons,” the South Dakota Supreme Court overruled Pickering, and reversed and remanded dismissal of Sally’s suit. View "Richardson v. Richardson" on Justia Law

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Dallas Schott, owner of Corson County Feeders, Inc., sued South Dakota Wheat Growers Association (SDWG), alleging its agronomist incorrectly prescribed a herbicide that Schott sprayed on his 2014 sunflower crop. The herbicide was not labeled for use on all of Schott’s sunflowers, and 1,200 acres were destroyed. The circuit court granted SDWG summary judgment, ruling that Schott assumed the risk. After review, the South Dakota Supreme Court reversed and remanded after finding there were disputed issues of fact concerning Schott’s knowledge and appreciation of the risk. View "Schott v. So. Dakota Wheat Growers Assn." on Justia Law

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The Supreme Court reversed the decision of the circuit court denying Lawrence County’s motion to join the United States as an indispensable party to this action filed by various Landowners requesting that the County maintain a road providing access to their homes. The County denied the Landowners’ request. Petitioner appealed the County’s action, and the County moved to join the United States as an indispensable party. The circuit court denied the motion, concluding that the United States Forest Service was not an indispensable party to the action because the County failed to follow the proper procedure to grant an easement in the road to the Forest Service. The Supreme Court reversed, holding that the circuit court committed clear error in ruling on the easement without first determining whether the United States was a party that should have been joined if feasible. View "Oyen v. Lawrence County Commission" on Justia Law

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Steven Wipf (Plaintiff) sued Dr. Terry Alstiel and Regional Health Physicians Inc. (Defendants) for medical malpractice, alleging that Dr. Altstiel accidentally perforated Wipf’s small bowel during a laparoscopic hernia repair and that Dr. Altstiel failed to inspect and find the perforations before completing the surgery. During discovery, Wipf sought access to operative and postoperative notices relating to follow-up care of some of Dr. Altstiel’s patients who had received laparoscopic hernia repairs. The circuit court found those records relevant and ordered Defendants to partially redact and produce the redacted records. The Supreme Court reversed, holding that the circuit court did not adequately ensure that privileged information was not disclosed. Remanded for the circuit court to consider whether additional safeguards will ensure patient anonymity and, if so, the court must enter a protective order before disclosure. View "Wipf v. Altstiel" on Justia Law