Scherf v. Myers

(on reassignment).

Defendant has appealed from a judgment entered against him following a court trial on plaintiff’s action based upon an alleged conversion of certain guardianship funds. We affirm as to liability but reverse as to damages.

At the outset, we are faced with plaintiff’s contention that because defendant failed to submit proposed findings of fact he is precluded from asking for a review of the sufficiency of the evidence to support the judgment. Moody County v. Cable, 82 S.D. 537, 150 N.W.2d 193; In re Appeals of Bottcher, 78 S.D. 360, 102 N.W.2d 623. In view of the defendant’s…