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BELGARDE v. ASKIM

No. 20010179.

636 N.W.2d 916 (2001)

2001 ND 206

Ricky BELGARDE, Sr., Cora Belgarde, individually and on behalf of their minor children, Kenneth Carl Belgarde, Patrice Belgarde, and Ricky Belgarde, Jr., Plaintiffs and Appellants, v. Floyd ASKIM, Defendant and Appellee, and The Minot Housing Authority, Defendant.

Supreme Court of North Dakota.

December 20, 2001.

Attorney(s) appearing for the Case

Larry M. Baer (argued), and Robert G. Ackre (appeared), Ackre Law Firm, Cando, ND, for plaintiffs and appellants.

Moody M. Farhart, Farhart Law Firm, Minot, ND, for defendant and appellee Floyd Askim.

KAPSNER, Justice.

[¶ 1] Cora and Ricky Belgarde, individually and as parents of Kenneth, Patrice, and Ricky, Jr. (collectively, the "Belgardes") appeal from the trial court's dismissal with prejudice of their claims against Floyd Askim. Because the trial court's analysis was incomplete, it abused its discretion in sanctioning the Belgardes by dismissing with prejudice their negligence claim of providing and installing a defective stove. The trial court also failed...

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