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MELSTAD v. KOVAC

No. 23891.

723 N.W.2d 699 (2006)

2006 SD 92

Katherine MELSTAD, Plaintiff and Appellant, v. Harvey M. KOVAC and Raider Industries, Incorporated, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 25, 2006.

Attorney(s) appearing for the Case

Terry L. Pechota of Pechota Law Office, Rapid City, South Dakota, Attorney for plaintiff and appellant.

James C. Robbennolt, Sioux Falls, South Dakota, Attorney for defendants and appellees.

Jack Der Hagopian of Der Hagopian Law Office, Sioux Falls, South Dakota Attorney/lienholder and appellee.

MEIERHENRY, Justice.

[¶ 1.] Harvey M. Kovac (Kovac) and Raider Industries, Inc. (Raider) made a motion to enforce a settlement agreement of a personal injury lawsuit brought by Katherine Melstad (Melstad). Melstad claims that she did not expressly authorize her attorney, Jack Der Hagopian (Der Hagopian), to settle her negligence action against Kovac and Raider, and that the trial court erred in determining that she had authorized the settlement. We affirm.

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