Section 15-2-33 - Dismissal without prejudice subject to plaintiff's right to satisfy earlierjudgment involving same parties. - South-dakota Statutes

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15-2-33. Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties. If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51, that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.

Source: SL 1995, ch 113.

State Codes and Statutes

Statutes > South-dakota > Title-15 > Chapter-02 > Statute-15-2-33

15-2-33. Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties. If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51, that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.

Source: SL 1995, ch 113.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-15 > Chapter-02 > Statute-15-2-33

15-2-33. Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties. If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51, that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.

Source: SL 1995, ch 113.