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TUNENDER v. MINNAERT

No. 19769.

563 N.W.2d 849 (1997)

1997 SD 62

Mark TUNENDER, Plaintiff and Appellee, v. Elizabeth MINNAERT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 4, 1997.

Attorney(s) appearing for the Case

Thomas M. Issenhuth and Chris S. Giles of Arneson, Issenhuth, Gienapp & Blair Madison, for plaintiff and appellee.

Richard Dale, Sioux Falls, for defendant and appellant.

[¶ 1.] Justice Richard W. Sabers delivers the majority opinion of the Court on Issue 1, which holds that the trial court timely ruled on the motion for new trial.

[¶ 2.] Justice David Gilbertson delivers the majority opinion of the Court on Issue 2, which holds that the trial court abused its discretion in holding that defense counsel's statement in closing arguments constituted a judicial admission.

[¶ 3.] SABERS,...

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