“[D]efault judgment is an extreme remedy and should only be granted when ‘the adversary process has been halted because of an essentially unresponsive party.’” (Smith v. Hermsen, 572 N.W.2d 835, 838 [S.D. 1997][internal citations omitted].)
“Under SDCL 15-6-4(a), 15-6-55(a), and 15-6-55(b) ‘[o]nce proper service of process is made and proof thereof filed, the court is authorized to enter a default judgment against a defendant when the record shows by affidavit of default that [defendant] has been served, but has failed to plead or otherwise defend the action within thirty days of service[.]’”(Rosebud Fed. Cr. Union v. Mathis Implement, 515 N.W.2d 241, 243-44 [S.D. 1994] quoting Adam v. Van Buren, 315 N.W.2d 319, 320 [S.D. 1982] quoting SDCL 15-6-4(a), 15-6-55(a), and 15-6-55(b).)
“SDCL 15-6-60(b) provides that upon a showing of ‘good cause, a judgment by default may be set aside by a court.’ The decision to grant or deny relief from a default judgment rests with the sound discretion of the trial court and we will not disturb the trial court's decision absent an abuse of that discretion.’” (Smith v. Hermsen, 572 N.W.2d 835, 838 [S.D. 1997] quoting, among other cases, First Federal Sav. Loan Ass'n v. Strub,427 N.W.2d 836, 838 [S.D. 1988][further citations omitted].)
“Relief may be granted to Hermsens from the default judgment if the court finds they both:
(Smith v. Hermsen, 572 N.W.2d 835, 838 [S.D. 1997] citing Hrachovec v. Kaarup, 516 N.W.2d 309, 311 [S.D. 1994]; Clarke v. Clarke,423 N.W.2d 818, 820-21 [S.D. 1988].)
“Excusable neglect must be neglect of a nature that would cause a reasonably prudent person under similar circumstances to act similarly.” (Id.; Peterson v. La Croix, 420 N.W.2d 18, 19-20 [1988].)
“The trial court's discretion is to be exercised liberally in accord with legal and equitable principles in order to promote the ends of justice.” (Smith v. Hermsen, 572 N.W.2d 835, 838 [S.D. 1997] quoting, In re Estate of Nelson, 1996 SD 27, ¶ 15, 544 N.W.2d 882, 886 citing City of Lemmon v. United States Fidelity Guar. Co.,293 N.W.2d 433, 437 [S.D. 1980]; Kuehn v. First Nat'l Bank in Sioux Falls,90 S.D. 96, 103, 238 N.W.2d 490, 494 [1976].)
“Ultimately, ‘any doubt should be resolved in favor of an application to set aside a judgment in order that the case may be tried upon the merits.’” (Smith v. Hermsen, 572 N.W.2d 835, 838 [S.D. 1997][internal citations omitted].)
May 21, 2024
Terminated
Butte County
Butte County, SD
May 16, 2024
Active
Brookings County
Brookings County, SD
May 15, 2024
Active
Custer County
Custer County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Judgment (Other)
Brown County
Brown County, SD
May 15, 2024
Terminated
Codington County
Codington County, SD
May 15, 2024
Terminated
Lawrence County
Lawrence County, SD
May 15, 2024
Terminated
Codington County
Codington County, SD
May 13, 2024
Default Judgment
Custer County
Custer County, SD
May 10, 2024
Active
Beadle County
Beadle County, SD
May 09, 2024
Active
Brown County
Brown County, SD
May 09, 2024
Terminated
Codington County
Codington County, SD
May 09, 2024
Terminated
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Terminated
Grant County
Grant County, SD
May 09, 2024
Terminated
Lincoln County
Lincoln County, SD
May 09, 2024
Terminated
Lawrence County
Lawrence County, SD
May 09, 2024
Terminated
Brown County
Brown County, SD
May 09, 2024
Terminated
Codington County
Codington County, SD
May 09, 2024
Terminated
Brookings County
Brookings County, SD
May 08, 2024
Terminated
Butte County
Butte County, SD
May 08, 2024
Terminated
Brookings County
Brookings County, SD
May 07, 2024
Judgment (Other)
Lake County
Lake County, SD
May 03, 2024
Judgment (Other)
Beadle County
Beadle County, SD
May 03, 2024
Judgment (Other)
Beadle County
Beadle County, SD
May 02, 2024
Judgment (Other)
Brown County
Brown County, SD
May 02, 2024
Terminated
Brown County
Brown County, SD
May 01, 2024
Terminated
Butte County
Butte County, SD
May 01, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Terminated
Codington County
Codington County, SD
May 01, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Judgment (Other)
Lawrence County
Lawrence County, SD
Apr 25, 2024
Judgment (Other)
Beadle County
Beadle County, SD
Apr 23, 2024
Active
Lake County
Lake County, SD
Apr 23, 2024
Judgment (Other)
Lawrence County
Lawrence County, SD
Apr 22, 2024
Terminated
Beadle County
Beadle County, SD
Apr 22, 2024
Terminated
Clay County
Clay County, SD
Apr 22, 2024
Terminated
Clay County
Clay County, SD
Apr 19, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Terminated
Davison County
Davison County, SD
Apr 18, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 18, 2024
Active
Lincoln County
Lincoln County, SD
Apr 18, 2024
Active
Lincoln County
Lincoln County, SD
Apr 18, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 18, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 17, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 17, 2024
Active
Lincoln County
Lincoln County, SD
Apr 17, 2024
Active
Lincoln County
Lincoln County, SD
Apr 17, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 17, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 16, 2024
Terminated
Brookings County
Brookings County, SD
Apr 16, 2024
Terminated
Clay County
Clay County, SD
Apr 16, 2024
Active
Brown County
Brown County, SD
Apr 16, 2024
Judgment (Other)
Lawrence County
Lawrence County, SD
Apr 16, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 16, 2024
Pending
Minnehaha County
Minnehaha County, SD
Apr 16, 2024
Judgment (Other)
Davison County
Davison County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Terminated
Clay County
Clay County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 15, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Active
Minnehaha County
Minnehaha County, SD
Apr 12, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Terminated
Clay County
Clay County, SD
Apr 11, 2024
Terminated
Clay County
Clay County, SD
Apr 11, 2024
Judgment (Other)
Gregory County
Gregory County, SD
Apr 11, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Apr 11, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 10, 2024
Default Judgment
Lawrence County
Lawrence County, SD
Apr 10, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 10, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 10, 2024
Judgment (Other)
Minnehaha County
Minnehaha County, SD
Apr 10, 2024
Terminated
Minnehaha County
Minnehaha County, SD
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