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ZIEMANN v. CREED

No. 18490.

824 P.2d 190 (1992)

121 Idaho 259

Billy ZIEMANN and Esther Ziemann, husband and wife, Plaintiffs-Appellants, v. Wayne CREED, d/b/a Delta Construction Company, and Daniel J. Fox, d/b/a Fox Electric, Defendants-Respondents.

Court of Appeals of Idaho.

January 30, 1992.

Attorney(s) appearing for the Case

Lempesis & Kroeger of Post Falls for plaintiffs-appellants. Ronald D. Watson argued.

Quane, Smith, Howard & Hull of Coeur d'Alene for defendant-respondent, Wayne Creed. Randall R. Adams argued.

Eismann Law Office of Coeur d'Alene for defendant-respondent, Daniel J. Fox. D. Samuel Eismann argued.

PER CURIAM.

Billy and Esther Ziemann's negligence action against the respondents, Wayne Creed and Daniel Fox, was dismissed pursuant to a summary judgment entered on May 1, 1989. The judgment contained an I.R.C.P. 54(b) certificate making the judgment final; however, no appeal was taken from that judgment nor was any motion filed which would extend the time to appeal or result in an amended judgment from which an appeal could be pursued. Both respondents later asserted...

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