George Ferebee, Petitioner and Appellant v. Steven Hobart, Respondent and Appellee; George Ferebee, Petitioner And… (South Dakota 2009)

Summary

The South Dakota Supreme Court affirmed the denial of Ferebee's protection-order petition, the award of attorney's fees to Hobart, and the denial of Hobart's requested permanent injunction. It held that the trial court properly limited evidence concerning previously litigated conduct, reasonably found Ferebee's litigation frivolous and malicious, and acted within its discretion in using monetary sanctions rather than an injunction. The court also awarded Hobart appellate attorney's fees related to the fee appeal.

Holding

Motion in limine and exclusion of pre-July 31, 2007 conduct. The trial court properly limited the introduction of new or additional evidence concerning claims that had been or could have been litigated in prior protection-order proceedings. The ruling was not prejudicial because the court took judicial notice of the prior proceedings and because Ferebee's own misconduct independently supported denial of protection.

Attorney's fees under SDCL 15-17-51. The trial court did not abuse its discretion in awarding Hobart $18,199.68 in attorney's fees because the record supported its findings that Ferebee's action and related filings were frivolous and malicious.

Denial of a permanent anti-filing injunction. The trial court acted within its discretion by denying Hobart's request for a permanent injunction and allowing attorney's fees and monetary sanctions an opportunity to deter Ferebee's conduct before imposing the more severe remedy of an injunction.

Summary

Holding

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