¶1(concurring in result).
¶2[¶ 23.] I join in the Court’s reversal of the decision of the circuit court. However, I cannot join in any references to Rosen v. Weber, 2012 S.D. 15, 810 N.W.2d 763, as controlling authority in this matter. As I dissented in Rosen, I would not follow it *125herein. For this reason, I concur in result only.