Zappitello v. Moses

On January 11, 1990, this court entered a writ of prohibition enjoining Circuit Judge Scott C. Moses (Judge Moses) from conducting any further proceedings in the matter entitled David Zappitello v. Anita Zappitello. The writ became effective immediately. This opinion elaborates on that writ. The sole issue for consideration is whether civil matters arising out of the South Dakota Domestic Abuse Act, SDCL 25-10 (Domestic Abuse Act), are subject to the jurisdictional requirements set forth- in the South Dakota Uniform Child Custody Jurisdiction Act, SDCL 26-5A (UCCJA). We hold that in cases…