Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the circuit court granting Plaintiff’s petition for a protection order against Defendant for stalking and remanded the case to permit the court to identify which of Defendant’s acts or conduct constituted stalking.After a hearing, the circuit court granted Plaintiff’s petition for a protection order on the grounds that some of Defendant’s actions and social media posts concerning Plaintiff amounted to stalking. Defendant appealed, arguing, among other things, that the circuit court’s order was not supported by proper findings. The Supreme Court agreed, holding that the circuit court’s findings did not clearly identify how the evidence met the statutory elements of stalking, and therefore, the case must be remanded for proper findings. View "Thompson v. Bear Runner" on Justia Law

In this action to quiet title to real property owned by Defendants under a claim of adverse possession, the Supreme Court reversed the order of the circuit court finding that Plaintiff was entitled to the disputed property by adversely possessing it for forty years and dismissing Defendants’ counterclaim to quiet title to an adjacent property under a claim of adverse possession.Defendants opposed Plaintiff’s adverse possession claim on the basis that Plaintiff and his predecessor in interest occupied the disputed property with Defendants’ consent. After filing a counterclaim against Plaintiff, Defendants voluntarily dismissed the counterclaim before trial. The Supreme Court reversed the circuit court’s judgment in this case, holding (1) permissive use does not ripen into a claim of hostility by the mere transfer of the dominant estate; (2) the circuit court erred by quieting title to the disputed property in favor of Plaintiff because his permissive use never ripened into one of hostility necessary to claim title by adverse possession; and (3) the circuit court abused its discretion by dismissing the counterclaim with prejudice, especially in light of the fact that Plaintiff did not oppose Defendants’ voluntary dismissal. View "Gangle v. Spiry" on Justia Law

The Supreme Court reversed Defendant’s conviction and sentence for possessing a controlled substance (methamphetamine), holding that the circuit court erred by denying Defendant’s motion to suppress evidence obtained from an illegal search and seizure.On appeal, Defendant argued that the search of his person violated the United States Constitution’s prohibition against unreasonable searches and seizures. The State did not obtain a warrant to search Defendant but argued that the search was valid as an investigatory stop under Terry v. Ohio, 392 U.S. 1 (1968). The Supreme Court disagreed, holding (1) because the State failed to identify a reasonable suspicion of criminal activity, Defendant’s search and seizure could not be justified under Terry; and (2) the consent exception to the Fourth Amendment’s warrant requirement did not apply in this case. View "State v. Kaline" on Justia Law

The Supreme Court reversed the judgment of the circuit court granted summary judgment for Debtor in this breach of contract case brought by Creditor to recover unpaid installments under a promissory note.In moving for summary judgment, Debtor relied on an acceleration provision in the promissory note, asserting that the statute of limitations had expired on Creditor’s claim six years after Debtor defaulted. The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Debtor, holding that a material issue of fact was in dispute whether Debtor’s conduct following default warranted a different limitation period. View "Work v. Allgier" on Justia Law

The Supreme Court affirmed the circuit court’s grant of Progressive Northern Insurance Company’s renewed motion for summary judgment on Nicole Harvieux’s claims for bad faith and barratry.Harvieux filed an action under her uninsured motorist insurance coverage (UM) with Progressive for injuries she suffered in a car accident and also filed claims of bad faith and barratry against Progressive. The UM claim was bifurcated from the other claims. Following a trial, the circuit court entered judgment on the UM claim. Thereafter, the circuit court granted Progressive’s motion for summary judgment on the bad faith and barratry claims. The Supreme Court affirmed, holding that the circuit court properly granted summary judgment on the bad faith and barratry claims and did not err in denying Harvieux’s application for taxation of costs. View "Harvieux v. Progressive Northern Insurance Co." on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding Tammy Lagler, who suffered a workplace injury, permanent-total-disability (PTD) compensation but reversing the decision to award it as a lump sum.The Department determined that Lagler was entitled to PTD compensation and issued a decision granting Lagler’s request for a lump-sum but denying her request for attorney fees. The circuit court affirmed the Department’s decision regarding Lagler’s entitlement to compensation but reversed the Department’s decision to award compensation as a lump sum. The court also reversed the Department’s denial of attorney’s fees. The Supreme Court affirmed, holding that the circuit court did not err by affirming the Department’s decision to award PTD compensation or by reversing the Department’s decision to deny attorney’s fees. The court also correctly determined that Lagler was not entitled to a lump-sum award. View "Lagler v. Menard, Inc." on Justia Law

The Supreme Court affirmed the circuit court’s order denying Defendant’s motion to suppress evidence on the grounds that the police officer lacked reasonable suspicion to initiate an investigatory traffic stop and that the search warrant for a blood sample was invalid under South Dakota law.Defendant appealed from an order entering a suspended imposition of sentence after he was found guilty of driving under the influence of alcohol. The Supreme Court affirmed the denial of Defendant’s motion to suppress, holding (1) the circuit court’s finding that the officer observed the vehicle cross the center line provide the officer reasonable suspicion to initiate the stop; and (2) the warrant obtained for Defendant’s blood draw did not violate the Warrants Clause of the South Dakota Constitution. View "State v. Bowers" on Justia Law

The Supreme Court reversed the circuit court’s decision affirming the determination of the South Dakota Department of Labor’s Division of Human Rights (DHR) that there was not probable cause to believe the allegations of Joyce Riggs that Bennett County Hospital and Nursing Home, her former employer, opposed her claim for unemployment benefits in retaliation for her earlier request for permission to bring a companion dog to work.The Supreme Court neither affirmed nor reversed the decision of DHR, but remanded the case back to DHR for further consideration, holding that DHR’s decision was incomplete and the circuit court’s affirmance was premature. View "Riggs v. Bennett County Hospital & Nursing Home" on Justia Law

At issue was not the circuit court’s subject matter jurisdiction over a trust but, rather, the circuit court’s authority to enforce an order.The beneficiary of the trust filed a motion for an order to show cause for why the trustee failed to follow an order of the circuit court. The circuit court held the trustee in contempt, found that the trustee had breached his fiduciary duties to the beneficiary, and found that the trustee had misappropriated trust funds. The court ordered the trustee to personally reimburse the trust for the misappropriated funds and to personally pay the beneficiary attorney fees. The Supreme Court affirmed, holding (1) the circuit court had authority to enforce its order and did not clearly err when it found that the trustee violated the order; and (2) the circuit court did not err when it found that the trustee breached his fiduciary duties as trustee of the trust and did not err in its remaining decisions. View "In re Heupel Family Revocable Trust" on Justia Law

The Supreme Court dismissed this appeal from a circuit court order granting Defendant’s motion to compel arbitration, holding that no statutory authority existed to entertain the appeal as a matter of right.Plaintiffs sued Defendant seeking a declaratory judgment and rescission of a contract for the sale of land and an incorporated lease. The circuit court issued a temporary restraining order against Defendant and a show cause order setting a hearing for preliminary injunction. Thereafter, Defendant filed a demand for arbitration. The circuit court entered an order compelling arbitration on all claims alleged in Plaintiffs’ complaint. Plaintiffs appealed. The Supreme Court dismissed the appeal, holding that the order compelling Plaintiffs to engage in arbitration was not an order appealable as a matter of right under either S.D. Codified Laws 15-26A-3(2) or S.D. Codified Laws 21-25A-35. View "Stoebner v. Konrad" on Justia Law