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JACQUOT v. ROZUM

No. 25555.

790 N.W.2d 498 (2010)

2010 S.D. 84

Bryan and Kayla JACQUOT, Plaintiffs and Appellants, v. James and Karen ROZUM, Defendants, and Mitchell Realty Co., LLC, Stephen Peschong and Ralph Kiner, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 27, 2010.

Attorney(s) appearing for the Case

Carl J. Koch , Mitchell, South Dakota, Attorney for plaintiffs and appellants.

Stephen C. Landon , Shawn Nichols , of Cadwell, Sanford, Deibert & Garry, LLC, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

SEVERSON, Justice.

[¶ 1.] When Bryan and Kayla Jacquot experienced water problems in their basement, they initiated this action against the prior owners of their home, James and Karen Rozum, and the parties' limited real estate agent, Stephen Peschong, an employee of Mitchell Realty, LLC. The trial court granted the Rozums' motion for summary judgment on the Jacquots' fraud, deceit, and fraudulent misrepresentation claims. The trial court also granted all the...

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