Ripple v. Wold

[¶ 20.] I agree that SDCL 15-6-25(a)(l) applies to this Court, and therefore the ninety-day provision of that statute was triggered by Wolds’ suggestion of death upon the record. However, the principle of judicial restraint dictates that I must respectfully dissent from the rest of the majority opinion. The issue of ineffective service was not properly before this Court and should not be considered.9

[¶21.] Ripples never argued ineffective service to the trial court or,to this Court. SDCL 15 — 6—12(h)(1) provides:

A defense of lack of jurisdiction over the person, insufficiency of process, or…