FITZMAURICE STATE VETERANS HOME v. HAMMER

No. 25224.

779 N.W.2d 392 (2010)

2010 SD 21

MICHAEL J. FITZMAURICE SOUTH DAKOTA STATE VETERANS HOME, Appellant, v. In the Matter of the ESTATE OF Mildred A. HAMMER, deceased, Appellee.

Supreme Court of South Dakota.

Decided February 24, 2010.


Attorney(s) appearing for the Case

Ted W. Hinesley, Edgemont, South Dakota, Attorney for appellant.

Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, PC, Hot Springs, South Dakota, Attorney for appellee.


MEIERHENRY, Justice.

[¶ 1.] The Michael J. Fitzmaurice South Dakota Veterans' Home (Home) appeals the circuit court's order disallowing its claim under SDCL 33-18-16 for services provided to Ernest Hammer (Ernest) before his death. The Home filed a petition for allowance of claim pursuant to SDCL 33-18-16 to recover the costs for Ernest's care from the estate of Ernest's wife, Mildred Hammer (Mildred). The circuit court concluded Ernest died without

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