WELLS FARGO BANK, N.A. v. FONDER

No. 27130.

868 N.W.2d 409 (2015)

2015 S.D. 66

WELLS FARGO BANK, N.A., Plaintiff, v. Matthew R. FONDER, Caralynn C. Fonder, and any person in possession, Defendants, Third-Party Plaintiffs and Appellants, v. Wells Fargo Insurance, Inc. Flood Services, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 29, 2015.


Attorney(s) appearing for the Case

Patrick J. Glover of Meierhenry Sargent LLP, Sioux Falls, SD, Attorneys for defendants, third-party plaintiffs and appellants.

Lauren P. McKenna of Fox Rothschild LLP, Philadelphia, PA, and Margo D. Northrup of Riter, Rogers, Wattier & Northrup, LLP, Pierre, SD, Attorneys for third-party defendant and appellee.


[¶ 1.] Matthew and Caralynn Fonder appeal the circuit court's dismissal of their third-party claim against Wells Fargo Insurance, Inc. Flood Services (WFFS). The circuit court dismissed the claim pursuant to SDCL 15-6-12(b)(5) for failure to state a claim upon which relief can be granted...

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