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MUNDHENKE v. HOLM

No. 25236.

787 N.W.2d 302 (2010)

2010 SD 67

William MUNDHENKE, Plaintiff and Appellee, v. Steven HOLM, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Greg L. Peterson of Bantz, Gosch & Cremer, LLC, Aberdeen, South Dakota, Attorneys for plaintiff and appellee.

Richard L. Russman of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] William Mundhenke (Mundhenke) filed a complaint seeking an accounting, dissociation, and dissolution of a business he claimed was operated as a partnership with Steve Holm (Holm). Holm denied the existence of a partnership and argued that Mundhenke's complaint was a request for legal relief for which a right to a jury trial existed, rather than a request for equitable relief for which there is no right to a jury trial. The circuit...

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