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STRONG v. GANT

No. 26705.

843 N.W.2d 357 (2014)

2014 S.D. 8

Stephanie STRONG, Applicant and Appellant, v. Jason M. GANT, in his official capacity as Secretary of State for the State of South Dakota, Respondent, and Brian Gosch, Intervenor, Respondent and Appellee, and The Pennington County Republican Party, Intervenor and Respondent.

Supreme Court of South Dakota.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Stephanie Strong Rapid City, South Dakota, Pro se appellant.

Sara Frankenstein , Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for intervenor, respondent and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Pro-se applicant appealed the circuit court's award of attorney's fees under SDCL 15-17-51 and costs and disbursements under SDCL 15-17-37, asserting: (1) that the circuit court was without jurisdiction to award attorney's fees while her appeal of the underlying judgment on the merits was pending, and (2) the circuit court was without authority to tax costs and disbursements absent a request for a hearing by her.

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