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TROTTIER v. BIRD

No. 20010150.

635 N.W.2d 157 (2001)

2001 ND 177

Dulcie N. TROTTIER, Plaintiff and Appellant, v. Richard D. BIRD, Defendant and Appellee.

Supreme Court of North Dakota.

November 2, 2001.

Attorney(s) appearing for the Case

Robert V. Bolinske, Bismarck, ND, for plaintiff and appellant.

Chris A. Edison, Storslee Law Firm, P.C., Bismarck, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Dulcie Trottier appeals from the trial court's dismissal with prejudice of her claim against Richard Bird. Because the trial court decided it did not have subject matter jurisdiction over Trottier's claim, it should have dismissed the claim in accordance with N.D.R.Civ.P. 12(h)(3). We reverse and remand with directions to vacate the judgment and to dismiss the case for lack of subject matter...

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