Stoebner v. KonradAnnotate this Case
The Supreme Court dismissed this appeal from a circuit court order granting Defendant’s motion to compel arbitration, holding that no statutory authority existed to entertain the appeal as a matter of right.
Plaintiffs sued Defendant seeking a declaratory judgment and rescission of a contract for the sale of land and an incorporated lease. The circuit court issued a temporary restraining order against Defendant and a show cause order setting a hearing for preliminary injunction. Thereafter, Defendant filed a demand for arbitration. The circuit court entered an order compelling arbitration on all claims alleged in Plaintiffs’ complaint. Plaintiffs appealed. The Supreme Court dismissed the appeal, holding that the order compelling Plaintiffs to engage in arbitration was not an order appealable as a matter of right under either S.D. Codified Laws 15-26A-3(2) or S.D. Codified Laws 21-25A-35.