This goes in the

The South Dakota Supreme Court in Fix v. First State Bank of Roscoe, 2011 S.D. 80, 807 N.W.2d 612, returned a favorable decision for Rita Fix, a client of Schoenbeck Law. A Faulk County jury had already found that First State Bank of Roscoe and the Edmunds County State’s Attorney conspired to abuse process by threatening felony charges against this elderly Faulk County lady. The Supreme Court determined that the emotional distress damage instruction given to the jury was incorrect, and that a retrial was warranted on the question of damages. The matter settled before the retrial.

A Faulk County jury had already found that First State Bank of Roscoe and the Edmunds County State’s Attorney conspired to abuse process by threatening felony charges against this elderly Faulk County lady. The Supreme Court determined that the emotional distress damage instruction given to the jury was incorrect, and that a retrial was warranted on the question of damages. The matter settled before the retrial.