The SD Supreme Court handed down one decision this morning, holding inter alia:
1) Dispute over sale of
medical practice management service
Summary follows:
AQREVA, LLC
v. EIDE BAILLY, LLP, 2020 S.D. 59: This decision
affirms the lower court’s ruling and also awards the Defendants/Respondents (Defendants
in the action and Respondents in the appeal) appellate attorney fees of $25,300.92, the amount requested. This opinion is unanimous and lengthy. Below are the first and last paragraphs of
the opinion. 
1 summarizes the dispute on appeal in regard to the
lower court’s ruling and 61 discusses
the appellate attorney fee award. Note: the lower court’s ruling (which is affirmed)
resolved most, but not all, of the claims.
[¶1.] After Aqreva, LLC (Aqreva) purchased a
medical practice management service from Eide Bailly, LLP (Eide Bailly), Aqreva
sued Eide Bailly, Lee Brandt, Shelly Kampmann, and LJB, Inc. (LJB) for breach
of contract, alleging they violated non-compete, non-solicitation, and
confidentiality clauses in several contracts. Aqreva also alleged that they
committed various torts, including tortious interference with a contract,
misappropriation of a trade name, misappropriation of trade secrets, civil
conspiracy, and fraud. The circuit court granted summary judgment in favor of
Eide Bailly, Brandt, Kampmann, and LJB with respect to all claims except for
those concerning: (1) Kampmann’s employment agreement; and (2) Brandt’s and
LJB’s alleged tortious interference with a contract. Aqreva appeals. We affirm.
… … …
[¶61.] As a final
matter, we address Eide Bailly’s motion for appellate attorney fees in the sum
of $25,300.92. “Attorney fees are allowed when there is a contractual agreement
that the prevailing party is entitled to attorney fees . . . .” Fuller v.
Coston, 2006 S.D. 110, ¶ 41, 725 N.W.2d 600, 612. The APA provides recovery
of reasonable attorney fees. Based on our consideration of the entire record
and the extensive issues presented, we award the attorney fees requested. We
affirm.
This opinion
is authored by Justice Kern. Circuit
Judge Comer sat on this case, in lieu of Justice Salter.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
