Fortin v. Fortin

Unfortunately, the majority opinion completely retries this case, substituting its judgment for a circuit court judge. The rule of deference is completely forsaken. We are bound by the rule that the question is:

[N]ot whether the [Justices] of this Court would have made an original like ruling, but rather whether we believe a judicial mind, in view of the law in the circumstances, could reasonably have reached that conclusion. F.M. Slagle & Co. v. Bushnell, 70 S.D. 250, 16 N.W.2d 914, 916 (1944).

See Johnson v. Johnson, 477 N.W.2d 603, 606 (S.D.1991). Here, the trial court conducted two days of…