In Re the Termination of the Franchise Agreement Between Groseth International, Inc.

I concur specially on the notice issue because Groseth received timely notice of appeal and was not harmed or prejudiced in any manner by the fact that it arrived by “ordinary, first class mail.” Matter of A.L., 442 N.W.2d 233 (S.D.1989); Matter of B.J.E., 422 N.W.2d 597 (S.D.1988). It is a proper matter for statutory interpretation and construction of legislative intent in SDCL 1-26-31. See my writing in Jensen Ranch, Inc. v. Marsden, 440 N.W.2d 762, 767 (S.D.1989). However, the dicta in the majority opinion which implies that a summons and complaint is properly served by “ordinary, first…