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  5. 578 N.W.2d 145 (1998)
 

LONDON v. ADAMS

Nos. 20004, 20021.

578 N.W.2d 145 (1998)

1998 SD 41

Bonnie LONDON, Plaintiff and Appellant, v. Clarence M. ADAMS (deceased), Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 29, 1998.

Attorney(s) appearing for the Case

Lee C. "Kit" McCahren of Olinger, Lovald, Robbennolt & McCahren, Pierre, for plaintiff and appellant.

Thomas H. Harmon and Karla Engle of Tieszen Law Office, Pierre, for defendant and appellee.

AMUNDSON, Justice.

[¶ 1.] Bonnie London sued Clarence M. Adams for damages arising out of a car accident between the two parties. After a substantial period of inactivity, London's new counsel moved for a default judgment and Harmon moved for dismissal for lack of prosecution. Both motions were withdrawn by agreement when it was learned that Adams had died prior to the filing of the motion. After subsequent, extensive file activity, London's case was conditionally...

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