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KJERSTAD REALTY, INC. v. BOOTJACK RANCH

No. 25847.

806 N.W.2d 205 (2011)

2011 S.D. 67

KJERSTAD REALTY, INC., a South Dakota Corporation, Plaintiff and Appellant, v. BOOTJACK RANCH, INC., a South Dakota Corporation, Defendant and Appellee, and Patrick X. TRASK, Defendant.

Supreme Court of South Dakota.

Considered on Briefs August 23, 2011.

Attorney(s) appearing for the Case

Thomas E. Brady of Brady Pluimer, PC, Spearfish, South Dakota, Attorneys for plaintiff and appellant.

John K. Nooney , Aaron T. Galloway of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] The circuit court dismissed this case when plaintiff was unable to bring the matter to trial within one year after we remanded in a previous appeal. Because good cause existed to extend the deadline, we reverse and remand.

Background

[¶ 2.] In December 2007, Kjerstad Realty, Inc. brought suit against Bootjack Ranch, Inc. for breach of a realty contract. Kjerstad sought...

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