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MANUEL v. WILKA

No. 21121.

610 N.W.2d 458 (2000)

2000 SD 61

Michael MANUEL and Sharon Manuel, Plaintiffs and Appellants, v. Timothy J. WILKA and Michael Kenyon, d/b/a Top Hat and Tails, Defendants and Appellees,

Supreme Court of South Dakota.

Decided May 10, 2000.

Attorney(s) appearing for the Case

Jonathan K. Van Patten, Vermillion, South Dakota, for plaintiffs and appellants.

Rory King of Siegel, Barnett & Schutz Aberdeen, South Dakota, for defendants and appellees.

SABERS, Justice.

[¶ 1.] After much litigation, including claims and counterclaims, Michael Manuel sued Michael Kenyon and Kenyon's attorney, Timothy Wilka, for malicious prosecution. The trial court granted defendants' motion for summary judgment. We reverse and remand for trial.

FACTS

[¶ 2.] In July 1993, Michael Manuel heard water dripping in two walls in his home. Upon inspection, he found...

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