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ROTENBERGER v. BURGHDUFF

No. 24097.

727 N.W.2d 291 (2007)

2007 SD 7

William ROTENBERGER, Plaintiff and Appellee, v. Lex BURGHDUFF, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 10, 2007.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen of Tellinghuisen & Gordon, P.C. Spearfish, South Dakota, Attorneys for plaintiff and appellee.

Robert M. Nash of Wilson, Olson & Nash, P.C., Rapid City, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] After the circuit court dismissed William Rotenberger's (Rotenberger) action against Lex Burghduff (Burghduff) for lack of prosecution, Rotenberger brought the same action thirteen months later. Burghduff alleged the action was barred by res judicata and collateral estoppel. Rotenberger proceeded to bring a motion to vacate the order of dismissal, which the circuit court granted. The circuit court also entered an order of dismissal nunc...

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