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FRISKE v. HOGAN

Nos. 23486, 23491.

698 N.W.2d 526 (2005)

2005 SD 70

Michael FRISKE, Jon Friske, Joel Friske, Lori Sikkink, Lisa Brandt, Mary L. Mack, and Michelle Sutton, Plaintiffs and Appellees, v. Timothy T. HOGAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 8, 2005.

Rehearing Denied June 29, 2005.

Attorney(s) appearing for the Case

Lee Schoenbeck of Schoenbeck Law Office Watertown, South Dakota, Attorney for plaintiffs and appellees.

Gary J. Pashby, Christopher W. Madsen of Boyce, Greenfield, Pashby & Welk Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] As the intended beneficiaries under their father's will, the children of Doug Friske (Friske children) brought an action against attorney Timothy Hogan (Hogan) alleging that he committed malpractice by failing to assure that the property identified in their father's will was titled in a way to give effect to the proposed disposition of that property. The circuit court granted partial summary judgment in favor of the Friske children. We...

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