Legendary Loan Link, Inc. v. Larson

Summary

The South Dakota Supreme Court affirmed a judgment in favor of Legendary Loan Link, Inc. against Todd Larson on a promissory note. The court held that Larson was not entitled to file an affidavit for a change of judge because the filing was untimely and he had waived the right by submitting argument to the judge before filing it. The court also granted Legendary Loan's motion for appellate attorney fees and costs.

Holdings

1. Larson was not entitled to file the affidavit because it was untimely and because he waived the right by submitting argument to Judge Means before filing the informal request and affidavit.
2. The court did not need to decide whether a formal order was required because Larson had no right to file the affidavit for a change of judge in the first place; he therefore could not assert on appeal a right he did not possess below.

Questions Presented

1. Whether Larson was entitled to file an affidavit for a change of judge after submitting argument on multiple matters to Judge Means and filing the affidavit nearly one year after her assignment.
2. Whether the absence of a formal order from the presiding judge denying the affidavit and assigning Judge Means deprived Judge Means of authority to preside over the case.

Disposition

affirmed