Hogg v. First National Bank of Aberdeen ( 1986 )

FOSHEIM, Chief Justice

(concurring in part, dissenting in part).

While I agree with the basic conclusions reached by the majority, I disagree with the ultimate disposition. Our appellate procedure statutes permit this court to modify a judgment on appeal. See SDCL §§ 15-30-2 & 15-26A-12. However, the usual and better rule is to remand and direct the trial court to enter the necessary judgment or order.

I am hereby authorized to state that Justice WUEST joins in this concurrence in part and dissent in part.