Sears v. McKee

FOSHEIM, Chief Justice.

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

*108The motion was to dismiss Jann Marie Sears’ amended complaint for failure to take “proceedings,” pursuant to SDCL 15-30-16, within one year from the date of this court’s order of November 19, 1980, 298 N.W.2d 521. That order reversed a judgment in favor of McKees and remanded the case for a new trial. SDCL 15-30-16 reads:

In every case on appeal, in which the Supreme Court shall order a new trial or further proceedings in the court below, the record shall be…