Gratzfeld v. Bomgaars Supply

I concur in that portion of the- majority opinion which concludes that Bomgaars Supply (Bomgaars) has waived its nonfatal jurisdiction contention by failing to comply with the notice of review requirements of SDCL 15-26A-22. From the remainder of the majority opinion, however, I dissent.

As the majority opinion notes, an unwritten policy existed which allowed Bomgaars’ employees to charge items for a short period of time. As the majority opinion fails to note, however, when items were removed from the store without being paid for, another store clerk was to prepare a charge slip for that…