HERR v. DAKOTAH, INC.

No. 21424.

613 N.W.2d 549 (2000)

2000 SD 90

Lillian HERR, Claimant and Appellee, v. DAKOTAH, INC., Employer and Appellant, and CNA Insurance Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided July 12, 2000.


Attorney(s) appearing for the Case

Ronald L. Schulz, Thomas J. Linngren of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for appellee.

Kenneth L. Chleborad of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for appellants.


MILLER, Chief Justice.

[¶ 1.] In this workers' compensation case we hold that the circuit court committed reversible error by dismissing an appeal on the basis of res judicata prior to receiving either a statement of issues or the parties' briefs. We further hold that the issue raised on appeal was not res judicata. Finally, we hold that it was error for the circuit court to assert jurisdiction over the case, since the Department of Labor had retained continuing...

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