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LAMPERT LUMBER CO. v. JOYCE

No. C2-86-935.

405 N.W.2d 423 (1987)

LAMPERT LUMBER COMPANY, d.b.a. Lampert Building Center, Respondent, v. Vera K. JOYCE, Respondent, Donald F. Nolde, petitioner, Appellant, First National Bank of Stillwater, Respondent, City of Stillwater, et al., Defendants.

Supreme Court of Minnesota.

May 8, 1987.

Attorney(s) appearing for the Case

Mark J. Vierling, Stillwater, for appellant.

Edward M. Christian, Bloomington, for respondent Lampert Lumber.

Michael H. Daub, Minneapolis, for respondent Vera K. Joyce.

Roy Holsten, Stillwater, for respondent First Nat. Bank of Stillwater.

David T. Magnuson, Stillwater, for defendant City of Stillwater.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

This appeal presents the question whether a trial court can dismiss a claim without prejudice after the case has been finally submitted for decision. We hold the court may not do so and reverse and remand.

This is a mechanic's lien foreclosure action brought by plaintiff Lampert Lumber Company to recover approximately $11,000 remaining unpaid on its bill for supplies furnished for a new office building. Named as defendants were Vera K. Joyce...

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