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PICARDI v. ZIMMIOND

No. 23258.

693 N.W.2d 656 (2005)

2005 SD 24

Edward J.S. PICARDI and Sandra J. Picardi, Plaintiffs and Appellees, v. Richard ZIMMIOND and Lori Zimmiond, Defendants and Appellants, and Chris A. Soppe and Cindy Soppe, Defendants.

Supreme Court of South Dakota.

Decided February 16, 2005.

Attorney(s) appearing for the Case

John K. Nooney of Thomas Nooney Braun, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Robert A. Haivala, Haivala Law Firm, Sturgis, South Dakota, Attorney for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Richard Zimmiond and Lori Zimmiond appealed a taxation of costs and disbursements stemming from an application filed by Edward J.S., M.D., and Sandra J. Picardi. The Picardis filed the application after the Fourth Circuit Court, Judge Jerome A. Eckrich, III presiding, found for Picardis on an underlying easement dispute.1 Zimmionds contended the trial court did not have jurisdiction to tax costs and...

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