Justia South Dakota Supreme Court Opinion Summaries

Todd and Joanne Egge placed obstructions on a platted but unimproved service road north of their property. Gary Busselman sued the Egges for damages and sought an injunction to prevent the Egges’ obstruction of the service road, contending that the service road was open to public travel because it had been dedicated and accepted by the City of Sioux Falls and Minnehaha County. The circuit court granted summary judgment for Busselman. The Egges appealed, arguing that the circuit court erred in failing to require joinder of the relevant governmental entity responsible for acceptance of the purported dedication. The Supreme Court reversed and remanded for joinder of the appropriate governmental entity, holding that, under Thieman v. Bohman, the appropriate governmental entity was an indispensable party to Busselman’s action. View "Busselman v. Egge" on Justia Law

After an abuse and neglect proceeding, the circuit court entered a dispositional order terminating the parental rights of Mother to her two biological children. Mother filed a notice of appeal, but the Supreme Court dismissed the appeal for lack of jurisdiction because Mother’s signature was not on the notice. Mother then filed a second notice of appeal, which the Supreme Court dismissed as untimely. After obtaining an “Amended Dispositional Order” from the circuit court, which contained revisions to the final order, Mother filed a third notice of appeal. The Supreme Court dismissed the appeal as untimely, holding that the circuit court’s order did not restart the timeframe for appeal, making Mother’s third appeal untimely. View "In re Interest of L.R." on Justia Law

Clint Bowyer, a North Carolina resident, was a professional race car driver for NASCAR. Appellant was also a motorcycle enthusiast who often attended the motorcycle rallies in Sturgis, South Dakota. Kustom Cycles, Inc., a South Dakota corporation, agreed to customize a motorcycle for Bowyer. After Kustom Cycles delivered the motorcycle to Bowyer, it sent Bowyer a bill for the work in the amount of $30,788. Bowyer refused to pay the bill, insisting that the owner of the corporation proposed, and Bowyer performed, compensation in the form of promotions, endorsements, and special access to NASCAR events. Kustom Cycles filed a complaint against Bowyer for payment of the bill. Bowyer moved to dismiss for lack of personal jurisdiction. The circuit court denied the motion. The Supreme Court reversed, holding that Bowyer’s minimal contacts with South Dakota did not meet the “minimum contacts” required to satisfy the Due Process Clause, and Kustom Cycles did not meet its burden of establishing a prima facie case of personal jurisdiction over Bowyer. View "Kustom Cycles, Inc. v. Bowyer" on Justia Law