Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Peters v. Great Western Bank, Inc.

Supreme Court of South Dakota

January 28, 2015

LAURA PETERS, Plaintiff and Appellant,
v.
GREAT WESTERN BANK, INC., Defendant and Appellee

Considered on Briefs: January 12, 2015.

Page 619

APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA. THE HONORABLE ROBERT GUSINSKY, Judge.

Affirmed.

TODD A. SCHWEIGER, Rapid City, South Dakota, Attorney for plaintiff and appellant.

MICHAEL V. WHEELER, DeMersseman Jensen Tellinghuisen, Stanton & Huffman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice. ZINTER, SEVERSON, WILBUR, Justices and KONENKAMP, Retired Justice, concur. KERN, Justice, not having been a member of the Court at the time this action was assigned to the Court, did not participate.

OPINION

Page 620

GILBERTSON, Chief Justice

[¶1] Laura Peters appeals the circuit court's denial of her motion to compel discovery on Great Western Bank (the Bank), as well as the court's granting of summary judgment in favor of the Bank. She asserts that the Bank was required to join her as a defendant in two foreclosure actions and that additional time for discovery was necessary for her to answer the Bank's motion for summary judgment. We affirm.

Facts and Procedural History

[¶2] In March 2003, Peters obtained a default judgment against Barker & Little, Inc. (BLI)--a South Dakota corporation.[1] BLI was a general partner in Barker & Little Limited Partnership III (BLLP). Doug Hamilton owned or operated BLI and BLLP, as well as a number of other entities including Barker & Little Manufactured Homes, Inc. (BLMHI). BLI was the operating entity for the management of rental properties, including property titled to BLLP. The Bank extended a line of credit to BLI secured, in part, by mobile homes and rent-to-own contracts owned by BLMHI.

[¶3] In 2008, the Bank initiated foreclosure proceedings against BLLP and BLMHI. In its action against BLLP, the Bank sought to foreclose on a real estate mortgage; against BLMHI, the Bank sought to recover the mobile homes and rent-to-own contracts used as collateral on the line of credit extended to BLI. Because of BLI's relationship with both entities, the Bank named BLI as a codefendant in each action. The Bank and Hamilton privately negotiated a settlement agreement. Pursuant to that agreement, the various Hamilton-owned entities transferred real and personal property to the Bank. The Bank did not join Peters as a defendant or otherwise notify her of these foreclosure actions.

[¶4] Upon learning of the Bank's foreclosure actions involving BLI, Peters initiated this action against the Bank, alleging fraud, conversion, deceit, and unjust enrichment. Peters made a motion to compel discovery, and the Bank responded with a motion for summary judgment. The circuit court granted the Bank's motion and denied Peters's motion as moot. Peters appeals, raising two issues:

1. Whether the Bank was required to join Peters as a defendant in its foreclosure actions against BLI, BLLP, and BLMHI.
2. Whether the circuit court should have granted Peters additional time for discovery prior to ruling on the

Page 621

Bank's motion for summary ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.