Fendrich v. Lauck

I would hold that the trial court’s entry of summary judgment was correct with regard to both the malicious prosecution and libel causes of action.

Upon a motion timely made, summary judgment will be granted to the movant if there exists no genuine issue of material fact. SDCL 15-6-56(c); Wilson v. Great Northern Railway Company, 83 S.D. 207, 157 N.W.2d 19 (1968). I cannot dispute that the letter in question is libelous per se. SDCL 20-11-3. Nor do I contest the assertion that the letter constituted a privileged communication. SDCL 20-11-5(3); see also Vogel v. Gruaz, 110 U.S. 311, 4 S.Ct. 12,…