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SMETANA v. SMETANA

No. 24045.

726 N.W.2d 887 (2007)

2007 SD 5

Joyce A. SMETANA, Plaintiff and Appellee, v. Robert D. SMETANA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 10, 2007.

Attorney(s) appearing for the Case

Richard A. Johnson, Gregory T. Brewers of Strange, Farrell & Johnson, P.C., Sioux Falls, SD, for plaintiff and appellee.

E. Steeves Smith of Tinan, Smith and Bucher, Mitchell, SD, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Robert D. Smetana appeals the property division in a judgment and decree of divorce from Joyce A. Smetana. He contends that the trial court erroneously invalidated the antenuptial agreement between the parties and improperly awarded Joyce attorney fees. We affirm in part and reverse and remand in part.

FACTS AND PROCEDURE

[¶ 2.] Robert and Joyce were married on September 8, 1978. At the time of marriage...

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