Blood v. Spring Creek Number 12, Common School District

The defendant’s motion for an order dismissing plaintiff’s complaint on the ground that her exclusive remedy under the facts alleged in the complaint was by appeal from the decision of the defendant school board, as provided by SDC 15.2033 was denied by the trial court. The appeal is from the order of the court.

Such an order of the trial court denying a motion to dismiss is not appealable as a matter of right. Moore v. Hahn, 65 S.D. 284, 273 N.W. 377 and In re Swanson’s Estate, 67 S.D. 371, 293 N.W. 361. It is an intermediate order. Hall v. City of Belle Fourche, 67 S.D. 435, 293 N.W. 631;…