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May 26, 2010
[¶ 1.] Falyn Reinfeld (Reinfeld) brought this lawsuit against H.L. Hutcheson (Hutcheson) for negligence in connection with an automobile accident. The trial court granted Reinfeld's motion for a new trial on the basis that the jury's award of damages for past and future medical expenses, but not pain and suffering, was inadequate and insufficient under the evidence presented at trial. Hutcheson appeals. We affirm... BACKGROUND... [¶ 2.] On December 9, 2004, Reinfeld and Hutcheson were...
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May 19, 2010
[¶ 1.] Lloyd Steven Rowley (Rowley) appeals a judgment and sentence filed April 3, 2008. Rowley pleaded guilty to possession of a controlled substance, intentional damage to property in the first degree, and a habitual offender information. Rowley received twenty-one years on the possession conviction and twenty-one years for the intentional damage conviction. We affirm... FACTS... [¶ 2.] On April 8, 2004, after several weeks of investigation, law enforcement attempted to execute a...
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May 12, 2010
[¶ 1.] In this divorce appeal, the husband challenges the custody decision, the general and rehabilitative alimony awards, the debt division, and the attorney's fee award. By notice of review, the wife appeals the attorney's fee award. We find no abuse of discretion in the custody and visitation decision, the debt division, and the attorney's fee awards. As to the award of general and rehabilitative alimony, we reverse and remand because (1) the circuit court's findings fail to explain how...
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May 12, 2010
[¶ 1.] Defendant was convicted of two counts of first degree escape and one count of simple assault on a public officer. He appeals on grounds that the court abused its discretion when it refused to sever the charges and erred when it failed to grant his motion for judgment of acquittal. Because defendant was not in the immediate custody of a law enforcement officer or a Department of Corrections employee on one of the two occasions when he departed against commands to submit or surrender,...
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May 5, 2010
[¶ 1.] In the course of providing treatment, Unruh Chiropractic Clinic (Unruh) obtained assignments of proceeds of personal injury claims from two patients. The patients' claims arose out of injuries they sustained in an automobile accident involving a negligent driver insured by De Smet Insurance Company (De Smet). Although Unruh gave De Smet notice of the assignments, De Smet settled the claims on behalf of its insured without paying the proceeds to Unruh for its unpaid services. Unruh...
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May 5, 2010
[¶ 1.] John Steele (Steele), as chairman of the Consumer Protection Committee of the South Dakota State Bar Association, sought a permanent injunction enjoining Hazel Bonner (Bonner) from practicing law without a license. After a court trial, the court granted Steele's permanent injunction, permanently enjoining Bonner from certain specified conduct relating to the practice of law... FACTS... [¶ 2.] Bonner is a 1994 graduate of the University of South Dakota School of Law. She has...
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May 5, 2010
[¶ 1.] House Bill 1271 authorized the South Dakota Department of Corrections (DOC) to acquire land and buildings for a combined minimum security and parole facility in Rapid City. Section 8 of the bill stated that "prior to purchasing any property with the proceeds of the revenue bonds described in section 1," the DOC "shall conduct public meetings to solicit input from and share information with citizens, business owners, and school administrators located within two miles of...
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April 21, 2010
Under South Dakota law, when a jeopardy assessment for unpaid sales tax is made and a lien for such tax is filed with the county, if the taxpayer fails to contest the assessment through an administrative appeal, the lien becomes final. In 1982, the South Dakota Department of Revenue and Regulation imposed a tax lien against a taxpayer for certain unpaid sales tax in Pennington County, South Dakota. In 1985, the Department brought suit against the taxpayer for his tax obligation. The suit was...
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April 21, 2010
[¶ 1.] DFA Dairy Financing Services, L.P. (DFA) sued Lawson Special Trust (LST), Minnie Lawson (Minnie), Trustee, deceased, and Scott Lawson (Scott) and all other heirs and beneficiaries of the LST for foreclosure of a mortgage. DFA entered into the mortgage, which was executed by Minnie as trustee for the LST. The mortgage was secured by real property owned by the LST. Scott, as the LST adverse trustee, moved for summary judgment. The trial court granted his motion. DFA appeals. We...
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April 14, 2010
[¶1.] In this dispute over grandparent visitation, we are confronted with the question of what due process safeguards a court must apply in weighing a parental decision to deny visitation. When the grandparents petitioned the circuit court for visitation, both parents opposed asserting that it would harm the children and significantly interfere with their parent-child relationship. But the court concluded that the parents' opposition was unreasonable and not in the best interests of the...
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April 14, 2010
[¶1.] In this divorce case, the circuit court's contradictory rulings preclude meaningful appellate review. We reverse and remand... Background... [¶2.] Mark and Rene Wiswell married on August 22, 1998. They separated in December 2006. At the time, Mark was 39 and Rene 40. Both were in good health. Mark had twenty years experience in automotive repair. Rene had completed three and a half years toward an engineering degree. In December 2001, Mark and Rene started Weassel's Repair, an...
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April 7, 2010
[¶ 1.] A.G. (Mother), the mother of S.M.N., T.D.N., and T.L.N., appeals the circuit court's order granting permanent guardianship to L.N. (Grandmother), the children's paternal grandmother, and awarding visitation to Mother pursuant to the South Dakota Guardianship Act (SDCL ch. 29A-5) and SDCL ch. 25-5. We affirm in part and reverse in part... BACKGROUND... [¶ 2.] S.M.N., T.D.N., and T.L.N. are the biological children of Mother and R.N. (Father). Father is not a party to this...
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