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SWENSON v. BROWN

No. 24999.

771 N.W.2d 313 (2009)

2009 SD 64

Gena Elizabeth SWENSON, Plaintiff and Appellant, v. Carrie Ella BROWN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Chris A. Nipe of Larson & Nipe, Mitchell, South Dakota, Attorneys for plaintiff and appellant.

Jack H. Hieb, Zachary W. Peterson of Richardson, Wyly, Wise, Sauk & Hieb LLP, Aberdeen, South Dakota, Attorneys for defendant and appellee.

PER CURIAM.

[¶ 1.] Gena Swenson appeals the circuit court's dismissal of her personal injury action following the death of the defendant, Carrie Brown, and the lack of a motion to substitute for Brown within ninety days of the service of a suggestion of death by Brown's attorney pursuant to SDCL 15-6-25(a)(1). We affirm.

FACTS

[¶ 2.] On May 14, 2004, Swenson commenced this personal injury action against

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