South Dakota Supreme Court
Michael and Maggie Smith, Plaintiffs and Appellees v. Rustic Home Builders, LLC, and Jay Driesen
January 17, 20132013 S.D. 9
Summary
The South Dakota Supreme Court dismissed the Smiths' appeal, holding that the appeal of the 2007 orders was untimely, that a limited liability company may not be represented pro se by a non‑lawyer, and that Jay Driesen was not an aggrieved party to appeal the 2012 partial‑satisfaction order.
Holding
- Whether the appeal of the 2007 orders is timely under SDCL 15‑26A‑6.. The appeal of the three 2007 orders is untimely and therefore dismissed for lack of jurisdiction.
- Whether a limited liability company may be represented pro se by a non‑lawyer on appeal.. An LLC may not be represented pro se; it must be represented by a licensed attorney, so the appeal filed by Jay Driesen is dismissed.
- Whether Jay Driesen is an aggrieved party capable of appealing the September 2012 partial‑satisfaction order.. Jay Driesen is not an aggrieved party because all claims against him were dismissed, so his individual appeal is dismissed.
Docket 26534