Magnum Construction v. Sioux Falls Nautilus, Inc.

South Dakota Supreme Court

Magnum Construction v. Sioux Falls Nautilus, Inc.

296 N.W.2d 536

CourtSouth Dakota Supreme Court

DecidedSeptember 17, 1980

DocketNo. 12910

StatusPublished

Cited by1 cases

This text of 296 N.W.2d 536 (Magnum Construction v. Sioux Falls Nautilus, Inc.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Magnum Construction v. Sioux Falls Nautilus, Inc., 296 N.W.2d 536 (S.D. 1980).

Pincite

Opinion

PER CURIAM.

Defendant appeals from a $280 judgment in favor of plaintiff. We dismiss the appeal.

Plaintiff initiated this action in small claims court. Defendant removed the action to circuit court for trial by jury. SDCL 15-39-17. The jury trial was subsequently waived.

This Court lacks jurisdiction to hear an appeal from a trial by jury pursuant to the transfer of a small claims action to circuit court. SDCL 15-39-23; Hauswirth v. Hartigan, 296 N.W.2d 535 (S.D.1980). When defendant removed this action to circuit court for a jury trial, an appeal to this Court was barred; the fact that defendant waived the jury trial after transfer does not alter this conclusion.

The appeal is dismissed.

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