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GREENE v. MORGAN, THEELER, COGLEY & PETERSEN

No. 20059.

575 N.W.2d 457 (1998)

1998 SD 16

Terry R. GREENE, Plaintiff and Appellant, v. MORGAN, THEELER, COGLEY & PETERSEN, Lawyers, and Jack Theeler, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 18, 1998.

Attorney(s) appearing for the Case

Timothy L. James of James & Associates, Yankton, for plaintiff and appellant.

William Fuller of Woods, Fuller, Schultz & Smith, Sioux Falls, for defendants and appellees.

MILLER, Chief Justice.

[¶ 1.] In 1988, attorney Jack Theeler prepared an antenuptial agreement for Terry Greene. The agreement, among other things, purported to waive any right that Greene's fiancee would have to alimony should the couple ever divorce. When the couple ultimately divorced in 1993, the trial court awarded alimony to Greene's wife, ruling that the part of the agreement waiving alimony was invalid under South Dakota law. Greene brought this legal...

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