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NIST v. NIST

No. 23639.

720 N.W.2d 87 (2006)

2006 SD 67

Theodore A. NIST, Plaintiff and Appellee, v. Sally J. NIST, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 26, 2006.

Attorney(s) appearing for the Case

Terri L. Williams of Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorney for plaintiff and appellee.

Linda Lea M. Viken of Viken Law Firm, Rapid City, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Ted and Sally Nist were divorced by a judgment and decree of divorce entered on January 19, 1996. Nine years later, Ted sought an order amending the judgment to state expressly that Sally is not entitled to a pro rata share of Ted's pension and survivor benefits under the Foreign Service Act. The trial court granted Ted's motion and amended the judgment nunc pro tunc. Sally appeals. We reverse and remand.

FACTUAL AND...

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