South Dakota Supreme Court

Laura Peters, Plaintiff and Appellant v. Great Western Bank, Inc., Defendant and Appellee

January 28, 20152015 S.D. LEXIS 5

Summary

The South Dakota Supreme Court affirmed the circuit court’s denial of Laura Peters’s motion to compel discovery and its grant of summary judgment in favor of Great Western Bank. The Court held that the Bank was not required to join Peters as a defendant because she lacked an interest or lien in the foreclosed property, and that the trial court did not abuse its discretion in refusing additional discovery.

Holding

  • Whether Great Western Bank was required to join Laura Peters as a defendant in its foreclosure actions against BLI, BLLP, and BLMHI.. No, the Bank was not required to join Peters because she did not have an interest in or lien on the foreclosed property as defined by SDCL 21-49-15.
  • Whether the circuit court should have granted Peters additional time for discovery before ruling on summary judgment.. The circuit court did not abuse its discretion in denying additional discovery; no genuine issue of material fact existed, so summary judgment was proper.

Docket 27145

Cited authorities

  • Rule 56(f)

Cited by

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