Preview:

Unified Judicial System

Frances I. Stratmeyer and Gary J. Stratmeyer Plaintiffs and Appellees v. Janice Engberg Defendant and Appellant. [2002 SD 91] South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Glen A. Severson, Judge Daniel W Lias Sioux Falls, South Dakota Attorney for plaintiffs and appellees. William H. Engberg Pierre, South Dakota Attorney for defendant and appellant. Considered On Briefs MAY 28, 2002 Opinion 07/31/02

#22214 PER CURIAM-RWS [¶1.] Janice Engberg appeals from an order which vacated an award of attorney fees under

SDCL 15-17-51, which permits an award of attorney fees against a party who brings a frivolous or malicious action. We affirm. FACTS [¶2.] This appeal involves the Stratmeyer family; Frances, the mother, and her children, Gary,

Janice and Richard. Gary Stratmeyer and Frances Stratmeyer (Stratmeyer) are plaintiffs in this action and Janice Engberg and Richard Stratmeyer (Engberg) were defendants. [¶3.] In part, this appeal arises from the facts of Stratmeyer v.

Stratmeyer, 1997 SD 97, 567 NW2d 220 (Stratmeyer I). In July 1995, the children of Janice and Richard filed suit against Gary seeking damages for sexual abuse suffered when they were children. See id. Three of the plaintiffs, Kathryn, Karla and Richard, were Richard

Download 966963.pdf

South Dakota Law