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Zepeda v. Zepeda

Supreme Court of South Dakota
632 N.W.2d 48 (S.D. 2001)


Facts

Jorge Zepeda (plaintiff) and Renee Zepeda (defendant) were married. Jorge worked full-time, and Renee cared for the Zepedas’ child. While Jorge was at work, Renee engaged in cybersex with other men online. Renee also had an affair with another man. When the Zepedas’ child was two years old, Renee had sex with the other man in Renee and Jorge’s apartment while the child was asleep. Jorge filed for divorce. At trial, evidence indicated that Jorge and Renee were both loving parents and capable of adequately caring for the child. The trial court granted Jorge a divorce, ordered joint custody of the child, and awarded Renee primary physical custody of the child. Jorge appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Konenkamp, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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