(concurring in result).
I vote to affirm the circuit court because Iversen failed to establish a violation of SDCL 1-26-36 in this appeal.
I would rather vote to affirm and expedite this ease based on settled South Dakota Law under SDCL 15-26A-87.1(A)(1). It seems to me that this opinion raises more questions and problems than it resolves. There are times when we should simply decide the case and leave the exposition of the law to someone else. This appears to be one of those cases and one of those times.
MILLER, C.J., joins this special writing.