WASSERBURGER v. CONSOLIDATED MANAGEMENT

No. 16957.

459 N.W.2d 561 (1990)

Wayne WASSERBURGER, d/b/a Southern Hills Trenching & Construction, a sole proprietorship, Plaintiff and Appellant, v. CONSOLIDATED MANAGEMENT CORPORATION, a Nevada Corporation, Defendant, and John T. Hughes, Garnishee and Appellee, and Recovery Investment Associates, a Partnership, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided August 8, 1990.


Attorney(s) appearing for the Case

Jay C. Shultz of Lynn, Jackson, Shultz & Lebrun, Rapid City, for plaintiff and appellant.

John T. Hughes, Sturgis, pro se.

Gary R. Richards of Richards, Hood & Brady, Spearfish, for intervenor and appellee.


MILLER, Justice.

In this appeal we affirm in part and reverse in part, holding that the trial court (1) did not abuse its discretion in finding excusable neglect so as to allow a garnishee to file a late answer, and (2) inappropriately terminated an action without motion or notice.

FACTS/PROCEDURAL HISTORY

In January, 1987, Wayne Wasserburger began leasing certain heavy equipment to Consolidated Management Corporation (CMC) for use in its sewage...

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