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PARADIGM HOTEL v. SIOUX FALLS HOTEL

No. 17866.

511 N.W.2d 567 (1994)

PARADIGM HOTEL MORTGAGE FUND, a Utah limited partnership, by its Partners, Paradigm Capital Inc., a Utah corporation, Grant S. Kesler, an individual, Stephen Wade, an individual, Jim K. Conover, an individual, and Paradigm Depository Corporation, a Utah corporation, Plaintiffs and Appellees, v. SIOUX FALLS HOTEL COMPANY, INC., a South Dakota corporation, and Steven C. Willis, an individual, Defendants and Appellants, and Yale F. Trustin, John Doeden, John V. Scotti, R.L. Schuler, individuals, 41st Street Properties, a South Dakota general partnership; and Betsy Lynn Newman, an individual, Defendants.

Supreme Court of South Dakota.

Decided January 26, 1994.

Attorney(s) appearing for the Case

Stuart L. Tiede, Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiffs and appellees.

Steven C. Willis, pro se.

KONENKAMP, Circuit Judge (on reassignment).

Sioux Falls Hotel Company, Inc. (Hotel) and Steven C. Willis (Willis) appeal the trial court's grant of summary judgment to Paradigm Hotel Mortgage Fund (Paradigm), a partnership, et al, in a foreclosure action against Hotel, Willis (collectively, defendants) and others on a defaulted mortgage loan. We affirm, in part, reverse, in part, and remand.

BACKGROUND

In 1989, Hotel and its managing principals,...

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