Legal Opinion

Fix v. First State Bank of Roscoe

South Dakota Supreme Court

Decided November 30, 2011No. 25898, 25911PublishedCited by 24 opinions

1Opinion of the Court

MEIERHENRY, Retired Justice.

[¶ 1.] This appeal involves Rita Fix’s claim against First State Bank of Roscoe and Roscoe Community Bankshares, Inc. (Bank) for intentional infliction of emotional distress and abuse of process. The trial court dismissed Fix’s intentional infliction of emotional distress claim; the abuse of process claim was tried to a jury. Fix claims that the trial court erred in dismissing the intentional infliction of emotional distress claim and erred in instructing the jury at trial. We reverse and remand for a new trial on the abuse of process claim.

FACTS AND BACKGROUND

[¶…

2Cases cited28 opinions

  1. Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976
  2. Bego v. GordonSouth Dakota Supreme Court · 1987
  3. Tibke v. McDougallSouth Dakota Supreme Court · 1992
  4. Roth v. Farner-Bocken Co.South Dakota Supreme Court · 2003
  5. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011

23 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Estate of Johnson Ex Rel. Johnson v. WeberSouth Dakota Supreme Court · 2017
  2. Stabler v. First State Bank of RoscoeSouth Dakota Supreme Court · 2015
  3. Hewitt v. FeldermanSouth Dakota Supreme Court · 2013
  4. State v. SeidelSouth Dakota Supreme Court · 2020
  5. State v. ZephierSouth Dakota Supreme Court · 2012

19 more not listed; retrieve them via the Exa API.

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