Department of Social Services of South Dakota Ex Rel. Wright v. Byer

678 N.W.2d 586 (2004)

2004 SD 41

The DEPARTMENT OF SOCIAL SERVICES OF the STATE of South Dakota, ex rel. Julienne C. WRIGHT, Plaintiff and Appellant,

v.

Bret J. BYER, Defendant and Appellee.

No. 22609.

Supreme Court of South Dakota.

Considered on Briefs April 28, 2003.

Reassigned July 24, 2003.

Decided March 31, 2004.

Rehearing Granted May 7, 2004.

Wm. Mark Kratochvil, Brookings County Deputy State's Attorney, Brookings, SD, for plaintiff and appellant.

Donald M. McCarty of McCann, Ribstein, Hogan & McCarty, Brookings, SD, for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] In this…