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YARCHESKI v. REINER

No. 22617.

669 N.W.2d 487 (2003)

2003 SD 108

Thomas J. YARCHESKI, Plaintiff and Appellant, v. Kevin REINER, Celia Miner, and Johnson, Heidepreim, Miner, Marlow & Janklow, LLP, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 3, 2003.

Rehearing Denied October 21, 2003.

Attorney(s) appearing for the Case

Thomas J. Yarcheski, pro se, Naples, Maine, for plaintiff and appellant.

Thomas J. Welk of Boyce, Greenfield, Pashby & Welk, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] Following his unsuccessful challenge to the procedure by which his university tenure-track contract was not renewed, plaintiff appealed in circuit court. His appeal was dismissed, however, when his attorneys submitted an untimely brief. He then brought a legal malpractice suit against his attorneys. In granting summary judgment for the attorneys, the circuit court ruled that plaintiff would not have prevailed in his administrative appeal...

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