KERN , Justice . [ 1.] Debra R. Tech Coffey sought a divorce from Michael F. Coffey. They entered into a stipulation and agreement (Agreement) to resolve all issues and divide their property and debt. Paragraph 2 of the Agreement awarded the marital home to Michael, divided responsibility for the two mortgages on the home, and declared that should the home be sold, the proceeds from the sale would first be used to pay off any sum remaining on the mortgages. [ 2.] Michael sold the home in...
ZINTER , Justice . [ 1.] Total Auctions and Real Estate, LLC (Total Auctions) planned to conduct automobile auctions in Lincoln County. Part of its business plan included the sale of vehicles consigned from automobile dealers not located in Lincoln County. A Division of Motor Vehicles dealer agent advised Total Auctions on how to comply with the applicable law. After incurring expenses setting up its business, Total Auctions was informed by a Division supervisor that state law prohibited...
ZINTER , Justice . [ 1.] A homeowner whose fixtures encroached on adjoining landowner's property sued for an implied easement to keep the encroachments on the adjoining property. The adjoining landowner counterclaimed for trespass and sought a mandatory injunction to compel removal of the encroachments. The circuit court denied the homeowner's claim for an implied easement. On the adjoining landowner's counterclaim, the court ruled the encroachments constituted a trespass. Nevertheless,...
SEVERSON , Justice . [ 1.] A jury convicted James Rogers of first-degree murder. The circuit court sentenced him to life imprisonment without parole. On appeal, Rogers asserts that the court erred by failing to suppress evidence that was obtained without a warrant and failing to suppress statements Rogers made prior to law enforcement informing him of his Miranda rights. We affirm. Background [ 2.] On August 17, 2015, Deborah Burrows called the Lead Police Department and asked that an...
WILBUR , Justice . [ 1.] After being arrested and charged with driving under the influence, defendant moved to suppress the evidence. The circuit court denied defendant's motion, concluding that an exception to the warrant requirement applied because the officer acted in his function as a community caretaker. We affirm. Background [ 2.] At approximately 1:00 a.m. on January 21, 2015, Officer Marci Gebers observed a vehicle parked on the 400 block of Third Street in downtown Brookings,...
KERN , Justice . [ 1.] Defendant was indicted for eight drug-related offenses in March 2014 and convicted of seven of the eight counts. On appeal, defendant contends she is entitled to a new trial because the trial court erred by amending the indictment the day prior to trial. Defendant also argues she was prejudiced when the trial court failed to notify the parties of a jury question that arose during deliberations and then answered the question without input from the parties. We...
WILBUR , Justice . [ 1.] In this appeal of the circuit court's confirmation of an arbitration award, we determine whether the arbitrator exceeded his powers. We affirm. Background [ 2.] Thomas Konrad and Myron and Patricia Stoebner entered into a contract for the sale of real property on December 30, 2002. They amended that agreement and executed a second contract in 2011 (Contract). Under the Contract, the Stoebners agreed to sell to Konrad nine parcels of real estate in Hutchinson and...
SEVERSON , Justice . [ 1.] In this action against various health organizations and individuals involved at those organizations, Plaintiffs moved to compel production of peer review materials and asked the circuit court to find SDCL 36-4-26.1, which grants privilege to peer review materials, unconstitutional. The circuit court determined that the statute was constitutional but only if it applied a "crime-fraud exception." It determined that the exception had been met and ordered Defendants...
ZINTER , Justice . [ 1.] The issue in this appeal concerns a redemptioner's entitlement to the return of money spent in unsuccessful attempts to redeem in a mortgage foreclosure. A landowners' successor in interest, a landowners' strawman, and judgment lien creditors engaged in competing attempts to redeem in two mortgage foreclosures. Although the successor in interest successfully redeemed from a judgment lien creditor in the first foreclosure, a senior mortgagee started a second...
ZINTER , Justice . [ 1.] This appeal concerns the circuit court's division of the parties' only income-producing asset, a restaurant; the court's finding of husband in contempt; and the court's decision denying wife's request for an award of attorney's fees. Because the circuit court impermissibly modified the original judgment and decree by converting a property-equalization payment to an alimony payment, we reverse and remand. We also reverse the order of contempt and decline to...
GILBERTSON , Chief Justice . [ 1.] James "Jake" Mordhorst sued Dakota Truck Underwriters and Risk Administration Services (collectively, "Insurers"), alleging they denied him workers' compensation benefits in bad faith. Insurers moved to dismiss, arguing Mordhorst failed to state a claim upon which relief could be granted. The circuit court granted Insurers' motion, and Mordhorst appeals. We reverse and remand for further proceedings. Facts and Procedural History [ 2.] Twenty-year-old...
WILBUR , Justice . [ 1.] After a hospital terminated its employee doctor, the doctor brought suit against the hospital and against multiple persons associated with the hospital. The circuit court dismissed a number of the doctor's causes of action, leaving for a jury to determine whether the hospital breached the employment contract and whether one party defamed the doctor. During the jury trial, the court entered a judgment as a matter of law dismissing the defamation action. The jury...
SEVERSON , Justice . [ 1.] Brant Lake Sanitary District sought to enjoin Steven and Gloria Thornberry from using or occupying their real property until they connected their dwelling to Brant Lake's sewer line. The circuit court determined that the ordinance requiring connection to the public sewer did not apply to the Thornberrys, and it granted summary judgment in favor of the Thornberrys. Brant Lake appeals. We affirm. Background [ 2.] Brant Lake enacted Ordinance No. 4 in December...
ZINTER , Justice . [ 1.] Yolanda Flowers pleaded guilty to a Class 5 felony, and she admitted the allegations of a part II habitual criminal information alleging she had two prior felony convictions. Because of the prior convictions, the circuit court imposed a Class 4 felony penitentiary sentence, and it did not state on the record or in the judgment any aggravating circumstances justifying a departure from presumptive probation. On appeal, Flowers argues that the circuit court erred...
ZINTER , Justice (on reassignment). [ 1.] A police officer initiated an investigatory stop of a vehicle because the vehicle's left brake light was not working. The stop led to the arrest of the driver for driving under the influence of alcohol. The driver moved to suppress evidence obtained during the stop. He argued that the officer did not have reasonable suspicion to initiate the stop because the broken brake light did not constitute a violation of law. In the driver's view, there was...
KERN , Justice . [ 1.] Defendant was arrested and charged with several offenses, including two counts of simple assault against a law enforcement officer. Defendant served a subpoena duces tecum on the county sheriff requesting "[a]ll disciplinary records/reports, disciplinary actions or complaints" contained within the personnel files of three Minnehaha County Sheriff Department detectives. The sheriff filed a motion to quash the subpoena, which the circuit court denied in part. The...
KERN , Justice . [ 1.] Insured's cattle died in 2013 during Winter Storm Atlas. Insurer declined coverage, claiming a plain and ordinary construction of the insurance policy providing indemnification for loss of livestock by drowning precluded recovery. A circuit court agreed and granted summary judgment in favor of insurer. We reverse. Facts and Procedural History [ 2.] Richard and Lorayna Papousek own and operate a crop-and-livestock ranch in Quinn, South Dakota. A massive, record-...
KERN , Justice . [ 1.] An individual injured in an incident with a handgun obtained a judgment against Shooter. Injured also obtained, by stipulation, an assignment from Shooter of Shooter's right to enforce coverage under an insurance policy. Injured filed a declaratory judgment action in circuit court against insurance company, seeking a ruling that Shooter was an insured under the policy. Injured and Insurance Company filed cross-motions for summary judgment. The circuit court granted...
GILBERTSON , Chief Justice . [ 1.] Troy Kern was involved in a rear-end collision in 2005. The other driver was at fault but did not have sufficient insurance to cover Kern's injuries. Kern thus filed an underinsured motorist claim with his insurance provider, Progressive. After months of unsuccessful negotiations, Kern sued Progressive for bad faith alleging that its settlement offers had been intentionally inadequate. He also sued for unpaid underinsured motorist (UIM) benefits. A jury...
WILBUR , Justice (on reassignment). [ 1.] In this second appeal, Tri-City Associates, L.P. argues that the circuit court erred when it entered a judgment in favor of Belmont, Inc. In Tri-City Assocs., L.P. v. Belmont, Inc. ( Tri-City I ), we had reversed and remanded the case for the circuit court to enter "findings of fact and conclusions of law on the effect of Belmont's failure to give notice of breach and an opportunity to cure." 2014 S.D. 23, 24, 845 N.W.2d 911 , 918. We did so...
