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DALE v. CITY OF SIOUX FALLS

No. 22831.

670 N.W.2d 892 (2003)

2003 SD 124

Mary DALE, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 8, 2003.

Attorney(s) appearing for the Case

Jack Theeler of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for plaintiff and appellee.

R. Shawn Tornow and Allen J. Eide, Sioux Falls City Attorney's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] The City of Sioux Falls (City) attempts to appeal from a judgment entered by a magistrate court judge in favor of Mary Dale. The judgment was entered in a civil action following its removal from a small claims proceeding. Because a magistrate court appeal must be taken to circuit court, and because this Court has no jurisdiction to entertain City's direct appeal from magistrate court, we dismiss for lack of appellate jurisdiction.

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