Hoven v. Banner Associates, Inc.
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The Supreme Court consolidated two appeals related to the circuit court's summary judgment rulings in the professional negligence lawsuit brought by Michael and Madelynn Hoven against Banner Associates, Inc. and remanded for the circuit court to dismiss the suit, holding that it was untimely pursuant to S.D. Codified Laws 15-2-13(1).
The Hovens sued Banner for professional negligence. Banner moved for summary judgment, arguing that the Hovens' claims were barred by the relevant statute of limitations and the statute of repose. The circuit court granted summary judgment in part, holding (1) there were material issues of fact in dispute as to whether the statute of limitations had expired; and (2) there were material issues of fact in dispute on the Hovens' claims of fraudulent concealment. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court erred in concluding that S.D. Codified Laws 15-2A-3 was the only limitation period applicable to the Hovens' lawsuit and that S.D. Codified Laws 15-2-13 did not apply; (2) it was undisputed that the Hovens' lawsuit was not commenced within six years from the date their cause of action accrued; and (3) therefore, the circuit court is directed on remand to dismiss the Hovens' negligence suit against Banner as untimely.
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