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STRUTTON v. SDG MACERICH PROPERTIES LP

No. 23376.

695 N.W.2d 242 (2005)

2005 SD 44

Denice STRUTTON, Plaintiff and Appellee, v. SDG MACERICH PROPERTIES LP, Defendant, and U.S. Metro Group, Inc., a foreign Corporation, d/b/a Metro Cleaning Service, d/b/a Metro Building Maintenance, d/b/a Service Management Systems, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Elizabeth M. Fredrick, Rapid City, SD, for plaintiff and appellee.

Tobin Andrew Karn, John S. Dorsey of Whiting, Hagg & Hagg, Rapid City, SD, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Plaintiff, Denice Strutton, sued U.S. Metro Group, Inc., and others for her personal injuries. U.S. Metro failed to answer and the circuit court granted a default judgment. When U.S. Metro later moved to set aside the default, the court refused. On appeal, we affirm because the circuit court did not abuse its discretion in finding an insufficient showing of excusable neglect and mistake.

Background

[¶ 2.] On September...

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