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MUELLER v. ZELMER

No. 18555-a.

525 N.W.2d 49 (1994)

Kent MUELLER and Lynette Mueller, Plaintiffs and Appellees, v. Mel ZELMER and Zelmer, Inc., a South Dakota Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Scott N. Heidepriem of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, for plaintiffs and appellees.

Jeff Masten of Ulmer, Hertz & Bertsch, P.C., Menno, for defendants and appellants.

WUEST, Justice.

Mel Zelmer ("Zelmer") and Zelmer, Inc. appeal from an order denying their motion to vacate a default judgment. We affirm.

FACTS

Donita Bolks ("Bolks") is a resident of Minnehaha County who serves papers for lawyers. Johnson, Heidepriem, Miner and Marlow, on behalf of Kent and Lynette Mueller ("Mueller"), had her serve a summons and complaint upon Zelmer and Zelmer, Inc., a South Dakota corporation.

Bolks went to Zelmer's home...

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