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COLTON LUMBER CO. v. SIEMONSMA

No. 22172.

651 N.W.2d 871 (2002)

2002 SD 116

COLTON LUMBER COMPANY, Plaintiff and Appellee, v. Charles SIEMONSMA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 11, 2002.

Attorney(s) appearing for the Case

Scott Kading of Moore, Rasmussen, Kading & Kunstle for plaintiff Sioux Falls, and appellee.

Michael A. Hauck of Bangs, McCullen, Butler, Foye & Simmons, Sioux Falls, for defendant and appellant.

ROEHR, Circuit Judge.

[¶ 1.] The circuit court denied Charles Siemonsma's (Siemonsma) motion for enlargement of time to answer and granted Colton Lumber Company's (Colton Lumber) application for default judgment. Siemonsma appeals. We reverse and remand.

FACTS

[¶ 2.] Colton Lumber provided materials and labor to Siemonsma in the construction of two houses-one in Sioux Falls and one at Lake Madison. Siemonsma paid the bulk of his account...

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