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PUBLIC ASSURANCE ALLIANCE v. McGUIRE

28497 28498 28499 28500.

919 N.W.2d 745 (2018)

2018 S.D. 75

SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE as subrogee FOR PENNINGTON COUNTY, South Dakota, Plaintiff and Appellant, v. Keith R. McGUIRE, Defendant and Appellee. Trinity Bullinger, Plaintiff and Appellee, v. Keith R. McGuire and South Dakota Public Assurance Alliance, Defendant and Appellee, Defendant and Appellant. Trinity Bullinger, Plaintiff and Appellant, v. Keith R. McGuire and South Dakota Public Assurance Alliance, Defendants and Appellees. Brandan Lippert, Plaintiff and Appellant, v. Keith R. McGuire and South Dakota Public Assurance Alliance, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED October 31, 2018.

Attorney(s) appearing for the Case

J. CRISMAN PALMER , REBECCA L. MANN of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for Appellant South Dakota Public Assurance Alliance (#28497, #28498).

RONALD R. KAPPELMAN of Banks, Kappelman & Strommen, Prof. LLC, Rapid City, South Dakota, Attorneys for Appellee Keith R. McGuire.

REXFORD A. HAGG of Whiting, Hagg, Hagg, Dorsey & Hagg, LLP, Rapid City, South Dakota, Attorneys for Appellants Trinity Bullinger (#28499) and Brandan Lippert (#28500).

[¶ 1.] The South Dakota Public Assurance Alliance (SDPAA), Trinity Bullinger, and Brandan Lippert (Appellants) commenced separate actions against Keith McGuire by service of a summons without a complaint. No Appellant served a complaint upon McGuire within 20 days as required by statute, and McGuire moved to dismiss...

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