830 N.W.2d 99
S.D.2013Background
- Ellingson’s Inc. placed its bees on landowners’ property during the honey season; the corporation planned to lease placing rights to other beekeepers after retiring ownership of bees.
- Landowners’ permission slips for bee placement were issued to Ellingson’s Inc.; six landowners later revoked Ellingson’s permission and granted Ammann permission instead.
- David Ellingson, president of Ellingson’s Inc., sued Ammann for interference with a business relationship and related claims.
- David never personally owned bees outside Ellingson’s Inc.; the bee-location permission slips granted rights to Ellingson’s Inc., not to David individually.
- The circuit court granted summary judgment for Ammann on the basis that David had no individual claims; on appeal, issues addressed were David’s individual capacity and appellate attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether David had relief in his individual capacity. | David asserted individual interest in landowner agreements. | Ammann argued only Ellingson’s Inc. had rights; David had no personal expectancy. | Yes, David had no individual claims; affirm summary judgment. |
| Whether David is entitled to appellate attorney’s fees. | David sought fees under SDCL 15-26A-87.3. | Fees only permissible if prevail at trial and issues arise;未 prevail. | Appellate fees denied. |
Key Cases Cited
- Mobridge Cmty. Indus., Inc. v. Toure, Ltd., 273 N.W.2d 128 (S.D. 1978) (real party in interest and corporate separate entity principles)
- Biegler v. Am. Family Mut. Ins. Co., 2001 S.D. 13, 621 N.W.2d 592 (S.D. 2001) (real party in interest; corporate entity rule)
- Poindexter v. Hand Cnty. Bd. of Equalization, 1997 S.D. 71, 565 N.W.2d 86 (S.D. 1997) (memorandum opinions not binding; reconsideration allowed)
- Jones v. Jones, 334 N.W.2d 492 (S.D. 1983) (memorandum vs final judgment; appellate context)