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HOLZER v. JOCHIM

Civil No. 960061.

557 N.W.2d 57 (1996)

Paul HOLZER, Plaintiff and Appellant, v. Kenneth JOCHIM, Defendant and Appellee.

Supreme Court of North Dakota.

December 20, 1996.

Attorney(s) appearing for the Case

Jeffrey Lee Sheets, Stanley, for plaintiff and appellant.

William D. Schmidt, of Schmitz, Moench & Schmidt, Bismarck, for defendant and appellee.

SANDSTROM, Justice.

Paul Holzer appeals from an amended judgment dismissing with prejudice his action against Kenneth Jochim. We hold the trial judge, successor to the judge who presided over the original trial, abused his discretion in redetermining liability issues without affording the parties an opportunity for a new trial. We, therefore, reverse and remand for a new trial on all issues.

I

Holzer sued...

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