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 ยง15-17-51, 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.
Structure South Dakota Codified Laws
Chapter 02 - Limitation Of Actions Generally
Section 15-2-2 - Application of limitations to actions by or for state--Exceptions.
Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice.
Section 15-2-4 - Accrual of cause of action on open account.
Section 15-2-5 - Accrual of cause of action for mortgage foreclosure.
Section 15-2-6 - Actions on state judgments and sealed instruments.
Section 15-2-7 - Actions to foreclose real estate mortgages.
Section 15-2-12.2 - Product liability actions--Prospective application.
Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application.
Section 15-2-14.4 - Time for bringing action against licensed public accountant.
Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims.
Section 15-2-15.2 - Time for bringing action under federal civil rights statutes.
Section 15-2-16 - Limitation of actions for recovery of municipal funds unlawfully expended.
Section 15-2-18 - Actions on instruments circulated as money not limited by provisions.
Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees.
Section 15-2-21 - Running of statute against enemy alien during war.
Section 15-2-23 - Disability to have existed when right of action accrued.
Section 15-2-24 - Coexisting disabilities.
Section 15-2-25 - Tolling of statute during injunction or statutory prohibition.
Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable.
Section 15-2-30 - Commencement of action by service of summons--Summons on codefendant.
Section 15-2-32 - New action after reversal of judgment on appeal.
Section 15-2-34 - Action for recovery of damages against regional airport authority--Commencement.
Section 15-2-36 - Actions for breach of trust against qualified persons.