South Dakota Supreme Court

M. Irene Oesterling, Plaintiff and Appellant v. Richard W. Oesterling, Defendant and Appellee

September 12, 1984354 N.W.2d 735

Summary

The court held that the trial court improperly raised and applied waiver, estoppel, and laches as affirmative defenses for a pro se husband who had not pleaded them. Because the wife lacked notice and a fair opportunity to litigate those defenses, they were waived and could not be used to reduce the accrued alimony award. The judgment was reversed and remanded for proceedings on the issues actually pleaded.

Holding

  • Whether the trial court could apply unpleaded affirmative defenses on behalf of the pro se husband. The trial court could not gratuitously raise and apply waiver, estoppel, or laches for the husband. Because the husband did not plead those defenses and the issues were not tried by express or implied consent, the defenses were waived.

Docket 14200

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