Premier Bank, N.A. v. Mahoney

520 N.W.2d 894, 1994 S.D. LEXIS 125, 1994 WL 444729
CourtSouth Dakota Supreme Court
DecidedAugust 17, 1994
Docket18548
StatusPublished
Cited by18 cases

This text of 520 N.W.2d 894 (Premier Bank, N.A. v. Mahoney) 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
Premier Bank, N.A. v. Mahoney, 520 N.W.2d 894, 1994 S.D. LEXIS 125, 1994 WL 444729 (S.D. 1994).

Opinions

WUEST, Justice.

Michael Mahoney’s brother, an invalid, entered a hospital and left his pickup on Michael’s property. Premier Bank (the Bank) was the lien holder on the pickup. Despite the Bank’s lien, Michael acquired an abandoned motor vehicle title to the pickup. In this decision, we hold that the trial court’s findings of fact are insufficient to support its conclusion of law that Michael acquired a valid abandoned motor vehicle title to the vehicle. Accordingly, we reverse and remand to the trial court for further proceedings.

FACTS

In 1990, Michael’s brother, Robert (Robert), purchased a new Ford pickup in Louisiana. Robert is paralyzed from the neck down and his father served as his driver. Robert and his father moved to South Dakota sometime after the purchase of the pickup.

Robert’s father died in January 1993 and Robert entered a hospital for permanent care. After his father’s death, Robert’s mother phoned and advised the Bank that there would be no further payments on the vehicle and that the Bank should pick it up. Because there was no response to the first phone call, Robert’s mother phoned the Bank two weeks later and once again asked that the vehicle be picked up. Again, there was no response to the mother’s request.

In the meantime, the pickup was stored in a garage on Michael’s property. On April 4, 1993, Michael sent a certified letter to the Bank’s loan department. In his letter, Michael claimed the Bank owed him a storage fee for the pickup in the amount of $1,335.00. Michael’s letter also advised the Bank that if it did not respond to his letter within thirty days he would file for title to the pickup.

On April 9, Michael sent the Bank a “Notice of Abandoned Motor Vehicle,” by certified mail. The notice formally advised the Bank that Robert’s vehicle was abandoned on Michael’s property, gave Michael’s address and phone number and further advised that a storage fee of $15 per day was being assessed. The notice also outlined South Dakota law on abandoned motor vehicles and informed the Bank that, as lien holder, it should send written notice of reclamation within thirty days to Michael and to the State Division of Motor Vehicles. There is no finding of fact that the Bank made any response to this notice. Michael subsequently applied for. an abandoned motor vehicle title to the pickup and paid taxes and fees in the amount of $445.05.

After Michael acquired title to the pickup, the Bank brought a claim and delivery action against Robert to recover the vehicle. Michael was allowed to intervene in the action and a hearing was held. After the hearing, the trial court entered findings of fact, conclusions of law and a judgment declaring Michael the owner of the pickup by virtue of the Bank’s abandonment of the vehicle. The Bank appeals.

ISSUE

DO THE TRIAL COURT’S FINDINGS OF FACT SUPPORT ITS CONCLUSIONS OF LAW CONCERNING MICHAEL’S OWNERSHIP OF THE PICKUP?

The Bank argues that it did make various efforts to recover Robert’s pickup that were thwarted by Michael. However, the Bank failed to propose findings of fact and conclusions of law and also failed to file objections to the trial court’s findings of fact and conclusions of law. “The failure of an appellant to object to findings of fact and conclusions of law and to propose his or her own findings, limits review to the question of whether the findings support the conclusions of law and judgment.” Huth v. Hoffman, 464 N.W.2d 637, 638 (S.D.1991). Therefore, our review in this case is limited to determining whether the trial court’s findings of fact support its conclusion of law regarding Michael’s acquisition of a valid abandoned motor vehicle title to Robert’s pickup.

[896]*896Two statutes outline the procedure to obtain an abandoned motor vehicle title: SDCL 32-36-8 and 32-36-9. At the time of the trial court proceedings on this matter

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Premier Bank, N.A. v. Mahoney
520 N.W.2d 894 (South Dakota Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
520 N.W.2d 894, 1994 S.D. LEXIS 125, 1994 WL 444729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/premier-bank-na-v-mahoney-sd-1994.