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SMIZER v. DREY

No. 27192.

873 N.W.2d 697 (2016)

2016 S.D. 3

Dorothy SMIZER, individually and as personal representative of the Estate of Harlan Smizer, deceased, Plaintiff and Appellant, v. Christina DREY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 6, 2016.

Attorney(s) appearing for the Case

Michael D. Bornitz , Robert D. Trzynka of Cutler Law Firm, LLP Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Ryland Deinert , Timothy A. Clausen of Klass Law Firm, LLP Sioux City, Iowa, Attorneys for defendant and appellee.

[¶ 1.] Dorothy Smizer, in her individual capacity and as personal representative of the estate of Harlan Smizer, appeals the circuit court's decision to impose sanctions under SDCL 15-6-11(c). The circuit court awarded Christina Drey attorney's fees as sanctions after the court concluded that the Smizers did not conduct a reasonable...

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