Groseth International, Inc. v. Tenneco, Inc.

(specially concurring).

Spiritually, I agree with the “Supplement to Opinion for Clarification Purposes Only.” However, I disapprove of this type of appellate procedure in the South Dakota Supreme Court. SDCL 15-24-4; SDCL 15-30-5.

Per the Clerk of Court’s docket, this case was to be remitted on August 19, 1987; once a case had been remitted, this Court loses jurisdiction and cannot recall it except in case of fraud, mistake, or inadvertence. Lesmeister v. Dewey County, 75 S.D. 360, 65 N.W.2d 136 (1954). This case, per the Clerk’s docket, has not been returned to the lower court. SDCL 15-30-11.…