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SEARS v. McKEE

No. 13729.

326 N.W.2d 107 (1982)

Jann Marie SEARS, Plaintiff and Appellee, v. Ralph L. McKEE and Delores McKee, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 10, 1982.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, P.C., and Gary P. Thimsen and Arlo Sommervold, Sioux Falls, for plaintiff and appellee.

Davenport, Evans, Hurwitz & Smith and Carleton R. Hoy, Sioux Falls, for defendants and appellants.

FOSHEIM, Chief Justice.

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

The 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...

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