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WEEKLEY v. WAGNER

No. 25891.

810 N.W.2d 340 (2012)

2012 S.D. 10

Jeanie WEEKLEY, Plaintiff and Appellee, v. Robert J. WAGNER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 8, 2012.

Rehearing Denied March 13, 2012.

Attorney(s) appearing for the Case

Todd D. Boyd , Gregory J. Stoltenburg of Gunderson, Evenson, Boyd Knight & Stoltenburg, LLP, Clear Lake, South Dakota, Attorneys for plaintiff and appellee.

Richard O. Gregerson , James A. Power of Woods, Fuller, Shultz and Smith PC, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Robert Wagner (Wagner) appeals a judgment for Jeanie Weekley (Weekley) in her action for breach of fiduciary duty in the administration of an estate. We affirm.

Facts and Procedural History

[¶ 2.] This is the fourth appeal in connection with the estate of Walter L. Brownlee, Sr. (Brownlee). See In re Estate of Brownlee (Brownlee I), 2002 S.D. 142, 654 N.W.2d 206

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