Legal Opinion

Premier Bank, N.A. v. Mahoney

South Dakota Supreme Court

Decided August 17, 1994No. 18548PublishedCited by 18 opinions

1Opinion of the Court

WUEST, Justice.

Michael Mahoney’s brother, an invalid, entered a hospital and left his pickup on Michael’s property. Premier Bank (the Bank) was the lien holder on the pickup. Despite the Bank’s lien, Michael acquired an abandoned motor vehicle title to the pickup. In this decision, we hold that the trial court’s findings of fact are insufficient to support its conclusion of law that Michael acquired a valid abandoned motor vehicle title to the vehicle. Accordingly, we reverse and remand to the trial court for further proceedings.

FACTS

In 1990, Michael’s brother, Robert (Robert), purchased a…

2Cases cited2 opinions

  1. Huth v. HoffmanSouth Dakota Supreme Court · 1991
  2. State v. OhlmannSouth Dakota Supreme Court · 1989

3Cited by18 opinions

  1. Canyon Lake Park, L.L.C. v. Loftus Dental, P.C.South Dakota Supreme Court · 2005
  2. Tri-City Assocsiates, LP v. Belmont, Inc.South Dakota Supreme Court · 2014
  3. City of Rapid City v. AndersonSouth Dakota Supreme Court · 2000
  4. State v. FIFTEEN IMPOUNDED CATSSouth Dakota Supreme Court · 2010
  5. Farmer v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2010

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