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BARTH v. SCHMIDT

Civ. No. 910010.

472 N.W.2d 473 (1991)

Otto BARTH and Barbara Barth, Plaintiffs and Appellees, v. George A. SCHMIDT, Defendant and Appellant.

Supreme Court of North Dakota.

June 28, 1991.

Attorney(s) appearing for the Case

Lucas and Smith, Bismarck, for plaintiffs and appellees; argued by A. William Lucas.

Fleck, Mather & Strutz, Bismarck, for plaintiff and appellee Otto Barth. Appearance by Gary R. Wolberg.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellant; argued by Jerry W. Evenson.

MESCHKE, Justice.

We hold that leave to amend a pleading is neither reviewable nor appealable before final judgment. Therefore, we dismiss this appeal.

In August 1988, Otto and Barbara Barth sued George Schmidt for their injuries in a July 1986 automobile collision. This lengthy lawsuit was finally re-scheduled for trial on January 16, 1991. However, on December 3, 1990, the Barths belatedly moved for leave to amend their complaint to specify statutory violations...

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