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RUMPCA v. BRENNER

No. 26083.

814 N.W.2d 128 (2012)

2012 S.D. 33

Douglas A. RUMPCA, Plaintiff and Appellant, v. Glenn A. BRENNER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 2, 2012.

Attorney(s) appearing for the Case

John K. Nooney , Robert J. Galbraith of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Michael M. Hickey , Sarah Baron Houy of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this alienation of affections suit, the circuit court granted defendant's motion for summary judgment, declaring that there were no affections to alienate. Because the record indicates genuine issues of material fact on this question, we reverse and remand for trial.

Background

[¶ 2.] Kellie and Doug Rumpca married on August 28, 1990. They had two children during the marriage. In 2002, the Rumpcas moved to...

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