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SOCIAL SERVICES EX REL. WRIGHT v. BYER

No. 22609.

694 N.W.2d 705 (2005)

2005 SD 37

The DEPARTMENT OF SOCIAL SERVICES OF THE STATE of South Dakota, ex rel Julienne C. WRIGHT, Plaintiff and Appellant, v. Bret J. BYER, Defendant and Appellee.

Supreme Court of South Dakota.

Argued on Rehearing on January 12, 2005.

Decided March 16, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, David L. Braun, Special Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant State.

Donald M. McCarty of McCann, Ribstein, Hogan & McCarty, Brookings, South Dakota, Attorneys for defendant and appellee Byer.

Terry D. Wieczorek, Brookings, South Dakota, Attorney for Child K.S.

KONENKAMP, Justice.

[¶ 1.] In Department of Social Services (DSS) ex rel. Wright v. Byer, 2004 SD 41, 678 N.W.2d 586 (Byer I), we declared the sixty day statute of limitations in SDCL 25-8-59 to be unconstitutional. Thereafter, DSS sought a rehearing, asserting that the decision in Byer I would result in a loss or reduction of substantial federal funds for child support enforcement because the portion of...

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