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SPADE v. BRANUM

No. 22051.

643 N.W.2d 765 (2002)

2002 SD 43

Darrell D. SPADE and Michelle Spade, Plaintiffs and Appellants, v. Matthew BRANUM, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 17, 2002.

Attorney(s) appearing for the Case

Melissa B. Nicholson, Thomas J. Nicholson of Johnson, Eklund, Nicholson & Peterson Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In a case apparently requiring service by publication, can the summons be published without first obtaining a court order granting permission to do so? The circuit court ruled in the negative and dismissed the suit for invalid service. We affirm because service by publication requires strict compliance with statutory mandates, and a court order is an indispensable prerequisite to proper service by publication.

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