White Man v. Gunnick

473 N.W.2d 148, 1991 S.D. LEXIS 111, 1991 WL 124500
CourtSouth Dakota Supreme Court
DecidedJuly 10, 1991
Docket17213
StatusPublished
Cited by7 cases

This text of 473 N.W.2d 148 (White Man v. Gunnick) 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
White Man v. Gunnick, 473 N.W.2d 148, 1991 S.D. LEXIS 111, 1991 WL 124500 (S.D. 1991).

Opinions

[149]*149HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

On January 6, 1986, Summary Judgment was entered in favor of Harold White Man (White Man). The trial court determined that the Todd County School Board (Board) did not comply with the statutory notice requirement when it attempted to terminate White Man’s employment. This decision was immediately appealed to the South Dakota Supreme Court by the Board. This Court determined that the trial court’s order was not a final order, as the issue of damages had not been completed. Therefore, the case was remanded to the trial court for a determination of damages and/or reinstatement. An evidentiary hearing was held before the trial court on July 16, 1986, to determine the issue of damages and/or reinstatement. A decision was not made by the trial court until January 29, 1990. The trial court entered judgment in favor of White Man for $9,510.48 in damages for the 1985-86 school year. The trial court also determined that White Man was not entitled to the reinstatement of his teaching position with Todd County. White Man raises one issue on appeal:

Is he entitled to reinstatement and/or damages for the years following the 1985-1986 school year?
We reverse and remand.

FACTS

White Man was a tenured teacher for the Todd County School District during the 1984-85 school year. On March 12, 1985, White Man was evaluated and advised orally and in writing, that the recommendation of the evaluator would be for non-renewal. On March 14, 1985, White Man received a letter signed by the Superintendent of the Board advising White Man that it was his intention not to recommend White Man to the Board for the 1985-86 school year. On April 3, 1985, a typewritten notice to White Man was signed, stating that the School Board decided not to renew White Man’s contract for the 1985-86 school year.

On April 4, 1985, White Man called in sick from his job. This prompted the Superintendent to attempt personal service of White Man’s termination notice. A copy of the letter was attached to the door of White Man’s residence, another copy of the letter was placed in White Man’s car, another copy was placed in his school mailbox and, finally, a copy was mailed to his residence.

White Man acknowledged receiving the letter of April 3, 1985 on April 9, 1985.

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White Man v. Gunnick
473 N.W.2d 148 (South Dakota Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
473 N.W.2d 148, 1991 S.D. LEXIS 111, 1991 WL 124500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-man-v-gunnick-sd-1991.