South Dakota High Court Declines to Hear Untimely Appeal over Punitive Damages

PIERRE, S.D. - The South Dakota Supreme Court declined to hear an appeal of summary judgment awarded to defendants on homeowners' punitive damage claim, saying it would not consider an untimely appeal even where the trial court may have erroneously certified the judgment. Jacquot, et ux. v. Rozum, et al., No. 2010 S.D. 84 (S.D. Sup. Ct.).

The high court reviewed similar cases where a trial court had granted partial summary judgment and said it would follow the 9th Circuit's holding that a Rule 54(b) certification, "rightly or wrongly, starts the time for appeal."

Bryan and Kayla Jacquot appealed the …