Sears v. McKee

326 N.W.2d 107 (1982)

Jann Marie SEARS, Plaintiff and Appellee,

v.

Ralph L. McKEE and Delores McKee, Defendants and Appellants.

No. 13729.

Supreme Court of South Dakota.

Submitted on Briefs September 8, 1982.

Decided November 10, 1982.

Woods, Fuller, Shultz & Smith, P.C., and Gary P. Thimsen and Arlo Sommervold, Sioux Falls, for plaintiff and appellee.

Davenport, Evans, Hurwitz & Smith and Carleton R. Hoy, Sioux Falls, for defendants and appellants.

FOSHEIM, Chief Justice.

Ralph and Delores McKee appeal from the trial court's order denying their motion to dismiss. We reverse and remand.

The motion was to…