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EAST SIDE LUTHERAN CHURCH v. NEXT, INC.

No. 26776.

852 N.W.2d 434 (2014)

2014 S.D. 59

EAST SIDE LUTHERAN CHURCH OF SIOUX FALLS, South Dakota, a South Dakota Nonprofit Corporation, Plaintiff and Appellant, v. NEXT, INC., a South Dakota Corporation, Defendant, Third-Party Plaintiff and Appellee, v. Fiegen Construction Co., a South Dakota Corporation and Brown Architecture & Design Co. n/k/a Studio 360 Architecture, Inc., a Nebraska Corporation, Third-Party Defendants, Fourth-Party Plaintiffs and Appellees, v. M.J. Dalsin Co. of S.D., Inc., Fourth-Party Defendant, Fifth-Party Plaintiff and Appellee, v. Jeff Prins d/b/a AJ Construction, Fifth-Party Defendant.

Supreme Court of South Dakota.

Decided August 6, 2014.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Johnson, Heidepriem & Abdallah, LLP, William D. Kunstle , Samuel M. Goodhope , Laura T. Brahms , Kading, Kunstle & Goodhope, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Paul W. Tschetter , Roger A. Sudbeck , Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for defendant, third-party plaintiff and appellee NEXT, Inc.

Derek A. Nelson , William P. Fuller , Fuller & Williamson, LLP, Sioux Falls, South Dakota, Attorneys for third-party defendant, fourth-party plaintiff and appellee Brown Architecture & Design Co.

Michael L. Luce , Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for third-party defendant, fourth-party plaintiff and appellee Fiegen Construction Co.

Gregory J. Erlandson , Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for fourth-party defendant, fifth-party plaintiff and appellee M.J. Dalsin Co. of S.D., Inc.

SEVERSON, Justice.

[¶ 1.] East Side Lutheran Church (East Side) appeals from a summary judgment ruling that barred its claim for failing to timely file suit within the applicable six-year statute of limitations. We affirm in part and reverse in part.

Background

[¶ 2.] In April 2002, East Side contracted with NEXT, Inc. (NEXT) for construction of a new addition to East Side's church and renovation to its existing structure.

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