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BIENASH v. MOLLER

No. 23781.

721 N.W.2d 431 (2006)

2006 SD 78

Maxine BIENASH, Plaintiff and Appellee, v. Randy MOLLER and Kathy Moller, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 16, 2006.

Attorney(s) appearing for the Case

Jeff Cole of Zimmer, Duncan & Cole, Parker, South Dakota, Attorneys for plaintiff and appellee.

Sander J. Morehead, Kristine L. Kreiter O'Connell of Woods, Fuller, Shultz and Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

MILLER, Retired Justice.

[¶ 1.] Kenneth Duebendorfer signed a power of attorney naming Randy and Kathy Moller (Mollers) as his attorneys-in-fact. Mollers engaged in acts of self-dealing using the power of attorney. Maxine Bienash filed a complaint and the circuit court granted summary judgment on two counts, breach of fiduciary duty and fraud. Mollers appeal. We affirm.

Facts and Procedural History

[¶ 2.] Duebendorfer was born on February...

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