Kaarup v. St. Paul Fire & Marine Insurance Co.

KONENKAMP, Circuit Judge.

Darrell and Carol Kaarup (Kaarups) appeal from a grant of summary judgment dismissing their malicious prosecution action. This case arises from a foreclosure suit brought against Kaarups by First Federal Savings and Loan (First Federal), now Home Federal Savings and Loan (Home Federal). We ruled on two prior appeals involving these matters. St. Paul Fire & Marine Ins. v. Kaarup, 420 N.W.2d 364 (S.D.1988) (Kaarup I); Kaarup v. St. Paul Fire & Marine Ins., 436 N.W.2d 17 (S.D.1989) (Kaarup II).

FACTS

Kaarups purchased a single family dwelling for their home in Canton,…