Timothy Cullen

The applicant moved to stay garnishment proceedings commenced by the respondent to collect unpaid costs awarded in an SDRCC arbitration.

The applicant argued that its application to set aside the arbitral award automatically stayed collection under the Rules of Civil Procedure.

The court dismissed the motion, holding that arbitration awards are not subject to the automatic stay provisions of the Rules and that the applicant failed to establish grounds for an interim stay.

The court directed the garnishee bank to pay the garnished funds to the respondent.

The defendants brought a motion under Rule 21.01(1)(b) to strike the plaintiff's claim of negligent misrepresentation and breach of contract.

The plaintiff, a dentist, alleged he was misled during negotiations to exercise an option to purchase an interest in a dental practice.

The court found that the plaintiff failed to properly plead the necessary elements of negligent misrepresentation, including duty of care, detrimental reliance, and damages.

The court granted the motion to strike the negligent misrepresentation claim but granted the plaintiff leave to amend the statement of claim to cure the deficiencies.