The SD Supreme Court handed down one decision this morning, holding inter alia:
- Appeal from partial
summary judgment dismissed
Summary
follows:
NELSON
v. CAMPBELL, 2021 S.D. 47: The Court
dismisses an appeal which was taken from a summary judgment which only
partially resolved the issues in the underlying dispute. The opening paragraph of the opinion
describes the dispute, the trial court’s ruling and basic information relating
to today’s ruling:
[¶1.] After one of three
founding members of a cooperative grazing
association passed away, his estate invoked a provision of the
association’s bylaws to withdraw
previously-contributed real estate and sell it to a third party. Another member objected, asserting: 1) the estate was
contractually obligated to sell the real
estate to him because he submitted the high bid; and 2) the estate was
obligated under the grazing
association’s bylaws to allow him a right of first refusal to purchase the real estate. The circuit court
granted the estate’s motion for summary
judgment on these claims, but its decision did not resolve all of the
claims among the parties. The court
certified only the summary judgment order directing the association to allow the estate’s withdrawal
as final under the provisions of SDCL
15-6-54(b). For the reasons explained below, however, we dismiss the
appeal.
The
ruling is unanimous (5-0) with opinion authored by Justice Salter.
This
decision may be accessed at
