South Dakota Codified Laws 28-13-1.4. Appeal regarding medical indigence
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Notwithstanding § 7-8-30, in any appeal regarding medical indigence, the circuit court may affirm or remand for further proceedings, or the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the county’s findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
Terms Used In South Dakota Codified Laws 28-13-1.4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(2) In excess of the statutory authority of the county;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in light of the entire evidence in the record; or
(6) Clearly unwarranted exercise of discretion.
Source: SL 1997, ch 170, § 29.