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GREAT WESTERN BANK v. H & E ENTERPRISES

No. 24250.

731 N.W.2d 207 (2007)

2007 SD 38

GREAT WESTERN BANK, Plaintiff and Appellee, v. H & E ENTERPRISES, LLP and Phillip Hines, Defendants and Appellants. and T. Kelly Johnson and Marcie L. Johnson, Defendants.

Supreme Court of South Dakota.

Decided April 11, 2007.

Attorney(s) appearing for the Case

David J. Jencks of Jencks & Jencks, P.C., Madison, South Dakota, Attorneys for plaintiff and appellee.

Ronald A. Parsons, Jr. of Johnson, Heidepriem, Miner, Marlow and Janklow Sioux Falls, South Dakota, Richard L. Ericsson of Ericsson, Ericsson and Leibel Madison, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] When two experts give contrary opinions on the value of property in a mortgage foreclosure action, is a trial court bound to accept the opinion of one expert? Here, the court ruled that it had to accept one opinion or the other, even though it believed neither opinion was entirely acceptable. Because the court misapprehended its role in assessing expert testimony, we reverse and remand for a new hearing under the proper standard.

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