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SMITH v. RUSTIC HOME BUILDERS, LLC

No. 26534.

826 N.W.2d 357 (2013)

2013 S.D. 9

Michael and Maggie SMITH, Plaintiffs and Appellees, v. RUSTIC HOME BUILDERS, LLC, and Jay Driesen, Individually, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 16, 2013.

Attorney(s) appearing for the Case

James S. Simko , Melissa R. Jelen of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Jay Driesen , Manager, Rustic Home Builders, LLC, Sioux Falls, South Dakota, Pro se for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] We address the question whether an LLC must be represented by an attorney on appeal.

Background

[¶ 2.] Rustic Home Builders, LLC, contracted with Michael and Maggie Smith to provide the Smiths with specialty lumber products, services, and log home supplies for constructing a home north of Flandreau. Disagreements eventually led to a lawsuit. On May 1, 2007, the Smiths obtained a default judgment against Rustic...

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