Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court affirming the decision of the Department of Labor of Regulation granting Employer/Insurer's motion for summary judgment regarding medical expenses Claimant incurred while being treated by Dr. Donald Corenman, holding that the circuit court erred in part.Employer and Insurer denied coverage for the medical expenses Claimant incurred by being treated for her back injury by Dr. Corenman. Claimant filed a petition for hearing with the Department, which granted summary judgment for Employer/Insurer as to these medical expenses. The circuit court affirmed. Claimant appealed, and Employer/Insurer filed a notice of review regarding an earlier Department ruling. The Supreme Court reversed in part, holding that the Department erred in granting summary judgment denying compensation for Dr. Corenman's medical services. View "Dittman v. Rapid City School District" on Justia Law

The Supreme Court held that the circuit court did not err when it granted Nationwide's motion for summary judgment on its complaint seeking a declaratory judgment regarding its duty to indemnify and defend Defendants against a personal injury lawsuit stemming from an accident on their farm.Nationwide issued a farm liability insurance policy for Defendants' farm and cattle ranch operation. After an accident resulted in permanent injuries to a relative, the relative filed a personal injury action against Defendants and their business entities. Nationwide then commenced this declaratory judgment action to determine the extent of its obligation to defend or indemnify Defendants. The circuit court granted summary judgment for Nationwide, concluding that a "Recreational Vehicle Liability Coverage Endorsement" in the policy operated to exclude coverage for the accident. The Supreme Court affirmed, holding that the circuit court properly granted summary judgment based on the language in the Recreational Vehicle Endorsement. View "Nationwide Agribusiness v. Fitch" on Justia Law

Robinson purchased grain bin monitoring equipment for his Spink County farm, financed through an Equipment Lease Agreement with Northland. Northland’s place of business is in Minnesota. The Lease included a forum selection clause requiring any suit filed by either party to be filed in Stearns County, Minnesota. After Robinson stopped making payments, Northland filed suit in Spink County, South Dakota, where Robinson resided. Robinson objected, claiming that he intended to pursue claims against Northland and others in Minnesota for the defective equipment. In granting Northland summary judgment., the circuit court treated Robinson’s objection as a question of venue and determined that Robinson failed to make a timely objection in Spink County.The South Dakota Supreme Court reversed and remanded, ordering the dismissal of the Spink County action. The court applied Minnesota law consistent with the Lease's choice of law provision and stated that the statutory venue provisions have no application to the question of the enforceability of the contractual forum selection clause. Robinson’s actions in responding to the suit do not support a waiver determination under the Rules of Civil Procedure. The Lease does not indicate that the forum selection clause was intended to solely benefit Northland, or that the mandatory language requiring “any suit by either of the parties” could be unilaterally waived. View "Northland Captial v. Robinson" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Petitioner's petition for a writ of certiorari challenging the Lake County Board's decision to grant a variance to Hodne Homes, LLC to build a facility to store and display boats, holding that the circuit court erred.In Dunham I, the Supreme Court reversed the circuit court's denial of Petitioner's challenge to the variance. On remand, the circuit court addressed a newly-raised issue about Petitioner's standing and then dismissed the petition because of a lack of standing. The Supreme Court reversed, holding that Petitioner was an "aggrieved" party with standing to challenge the variance under S.D. Codified Laws 11-2. View "Dunham v. Lake County Commission" on Justia Law

The Supreme Court reversed the judgment of the circuit court convicting Defendant of violating S.D. Codified Laws 40-1-23 for having a "potentially dangerous animal," holding that the circuit court erred in failing to make the required finding of whether the animal was dangerous.In City of Pierre v. Blackwell, 635 N.W.2d 581 (S.D. 2001), the Supreme Court held that Blackwell was not afforded due process when he was convicted based on the animal control officer's determination of dangerousness. The Supreme Court reversed Defendant's conviction in this case, holding (1) Blackwell mandates that due process requires a higher standard than that stated in section 40-1-1(5) to prove the dangerousness of an animal in a criminal proceeding; and (2) because the circuit court clarified that it would have acquitted Defendant but for the 40-1-1(5) language, Defendant's conviction must be reversed. View "State v. Alexander" on Justia Law

The Supreme Court affirmed the judgment of the habeas court denying Appellant's amended application for a writ of habeas corpus alleging that the indictment under which he was charged did not describe a public offense and that he was convicted and sentenced in violation of constitutional provisions prohibiting an ex post facto application of a criminal statute, holding that there was no error.Appellant pled nolo contendere to first-degree rape of a child under thirteen years of age and sexual contact without consent against his daughter. The habeas court denied the habeas application, concluding that Appellant's claim was non-jurisdictional and thus waived when he pled nolo contendere pursuant to a plea agreement with the State. The Supreme Court affirmed, holding that Appellant failed to assert a claim upon which his judgment could be void. View "Lacroix v. Fluke" on Justia Law

The Supreme Court affirmed the judgment of the circuit court finding Defendant guilty of aggravated assault, holding that the circuit court did not err in denying Defendant's motion for judgment of acquittal and his motion for a new trial.Defendant's conviction stemmed from a physical altercation with his girlfriend, K.C., an incident during which K.C. alleged that Defendant choked her. The jury found Defendant guilty of aggravated assault. Defendant subsequently filed a motion for a new trial based on a letter that K.C. sent to the court prior to sentencing stating that the prosecution manipulated and threatened her to testify. The circuit court denied the motion. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in denying Defendant's motions for judgment of acquittal and for a new trial. View "State v. Timmons" on Justia Law

In this appeal concerning the interpretation of a right of first refusal entered into by Dennis Powers and his father, Jerome Powers, the Supreme Court affirmed the decision of the circuit court granting summary judgment and dismissing all claims brought against Dennis and Prevailing Wind Park, LLC, holding that there was no error.After Dennis entered into a wind energy lease and easement agreement with Prevailing Wind, Jerome brought this lawsuit alleging breach of contract and seeking declaratory relief and specific performance. Dennis joined Prevailing Wind's motion for summary judgment asserting that the right of first refusal at issue was not triggered and, alternatively, that it was void as an unreasonable restraint on alienation. The circuit court granted the summary judgment motion. The Supreme Court affirmed, holding that the circuit court (1) properly entered summary judgment in favor of Dennis even when he did not join Prevailing Wind's statement of undisputed material facts or file his own; and (2) correctly granted Prevailing Wind's motion for summary judgment on all claims. View "Powers v. Powers" on Justia Law

The Supreme Court affirmed the judgment of the circuit court upholding the decision of the White Township Board of Supervisors denying approval of the drainage project of Steven McLean and Matthew McLean, holding that the circuit court properly granted the Township summary judgment.After the Marshal County Drainage Board granted the McLeans a drainage permit they sought approval from the Township because their project could impact roads or rights-of-way in the Township. The Township denied the McLeans' drainage project. The circuit court upheld the Township's decision. The Supreme Court affirmed, holding (1) the circuit court erred in determining that the McLaens' appeal was untimely; (2) the circuit court properly determined that the Township can regulate the aspects of the McLaens' project that would impact Township roads and rights-of-way; (3) the McLeans' estoppel claim was without merit; and (4) the circuit court did not err in granting summary judgment upholding the Township's decision. View "McLaen v. White Township" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting Mother's request for primary physical custody of the parties' daughter, V.F., and denying Father's request fo primary physical custody, holding that the circuit court did not abuse its discretion.Under a parenting order entered as part of their Arizona divorce the parties shared physical custody of V.F. Father later moved to South Dakota, registered the Arizona divorce and child custody order, and moved to modify the original shared parenting arrangement. Mother, who lived in California, opposed the motion and sought primary physical custody of V.F. The circuit court granted primary physical custody of the child to Mother. The Supreme Court affirmed, holding that the court's decision to grant primary physical custody of V.F. to Mother was not an abuse of discretion. View "Flint v. Flint" on Justia Law