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HAUGENOE v. BAMBRICK

No. 20020252.

663 N.W.2d 175 (2003)

2003 ND 92

Robert N. HAUGENOE and Tracey Haugenoe, Plaintiffs and Appellants, v. William S. BAMBRICK III, M.D., Mercy Medical Center, Defendants and Appellees.

Supreme Court of North Dakota.

June 6, 2003.

Attorney(s) appearing for the Case

Donald L. Peterson, Peterson Law Office, Minot, ND, for plaintiffs and appellants.

John C. Kapsner, Vogel Law Firm, Bismarck, ND, for defendant and appellee, Mercy Medical Center.

Lance D. Schreiner (appeared) and Tracy Vigness Kolb (argued), Zuger Kirmis & Smith, Bismarck, ND, for defendant and appellee, William S. Bambrick, III, M.D.

MARING, Justice.

[¶ 1] Robert and Tracey Haugenoe appeal from the July 19, 2002, order1 dismissing their complaint against Dr. William Bambrick and Mercy Medical Center without prejudice. We affirm in part, reverse in part, and remand for proceedings consistent with our opinion.

I

[¶ 2] A dismissal without prejudice is ordinarily not appealable because either party may commence another action. See Community...

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