Rabo Agrifinance, Inc. v. Rock Creek Farms, 2012 S.D. 20

Rabo filed a 2009 foreclosure action on Finnemans’ 17,000 acres, naming Finnemans, Rock Creek Farms (successor in interest), and numerous lienholders including the United States.
A sheriff’s sale occurred in April 2010, with redemption rights later at issue for Rock Creek Farms.
Ann Arnoldy redeemed in March 2011 from an assignee of the purchaser of the sheriff’s certificate.
In May 2011, the trial court partially vacated the judgment and decree of foreclosure regarding RCF’s redemption rights, conditioning on the United States’ $1,000,000 conviction lien being satisfied after Arnoldys receive a deed.
Finnemans' and Rock Creek Farms separately filed notices of appeal in July 2011 from the partial vacatur order.
The United States and Arnoldys moved to dismiss for failure to serve notices of appeal on all parties; the motions were consolidated and stayed pending decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Finnemans’ and RCF’s appeals must be dismissed for failure to serve notices on all parties.	Finnemans and RCF contend service on all parties is not required.	United States and others argue service on every party is mandatory and jurisdictional.	Yes; appeals dismissed for failure to serve notices on each party.

Reese Trust, 776 N.W.2d 832 (2009 S.D.) (jurisdictional service required for each party)
In re B.C., 786 N.W.2d 350 (2010 S.D.) (service on all parties required; jurisdictional)
Morrell, 86 N.W.2d 533 (1957 S.D.) (failure to serve adverse party fatal to appeal)
In re Estate of Geier, N.W.2d (2012 S.D.) (identify parties; service required when status as party is clear)
Ex rel. DSS, 799 N.W.2d 408 (2011 S.D.) (only timely filing cannot be the sole unwaivable requirement; service still matters)