Legal Opinion

Stark v. Munce Bros. Transfer & Storage

South Dakota Supreme Court

Decided October 24, 1990No. 16845PublishedCited by 10 opinions

1Opinion of the Court

SABERS, Justice.

Gerhardt Stark (Stark) appeals from a circuit court judgment dismissing his appeal. We affirm.

FACTS

The Secretary of Labor affirmed the Division of Labor and Management decision to deny Stark a lump sum settlement of his workers’ compensation claim against his employer, Munce Brothers Transfer & Storage (Munce). Stark was served with the order by mail on May 10, 1989.

On May 15, 1989, Stark filed a timely appeal with the circuit court and made timely service upon his employer and its insurer. However, Stark failed to serve a timely notice of appeal upon the Department of Labor…

2Cases cited5 opinions

  1. In Re the Termination of the Franchise Agreement Between Groseth International, Inc.South Dakota Supreme Court · 1989
  2. Hein v. MartsSouth Dakota Supreme Court · 1980
  3. Middle Creek School District No. 18 v. Butte County Board of EducationSouth Dakota Supreme Court · 1968
  4. Appeal of Heeren Trucking Co.South Dakota Supreme Court · 1954
  5. Olson v. Midwest Printing Co.Supreme Court of Minnesota · 1984

3Cited by10 opinions

  1. In Re the Appeal of Presentation Sisters, Inc.South Dakota Supreme Court · 1991
  2. Slama v. Landmann Jungman HospitalSouth Dakota Supreme Court · 2002
  3. Hardy v. West Central School District 49-7South Dakota Supreme Court · 1991
  4. Jansen v. Lemmon Federal Credit UnionSouth Dakota Supreme Court · 1997
  5. Lagler v. Menard, Inc.South Dakota Supreme Court · 2018

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