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WITZKE v. GONZALES

No. 20060155.

722 N.W.2d 374 (2006)

2006 ND 213

John WITZKE, Plaintiff and Appellant v. Ania Diaz GONZALES, Defendant and Appellee.

Supreme Court of North Dakota.

October 17, 2006.

Attorney(s) appearing for the Case

John Witzke (pro se), Bismarck, N.D., submitted on brief.

Ania Diaz Gonzales (pro se), Bismarck, N.D., submitted on brief.

MARING, Justice.

[¶ 1] John Witzke appealed from a district court order dismissing with prejudice his complaint against Ania Diaz Gonzales. We conclude the district court lacked personal jurisdiction based upon Witzke's improper service on Gonzales. We modify the dismissal of the action to dismiss without prejudice and affirm the order as modified.

I

[¶ 2] Witzke's present action stems from contentious encounters with his neighbor, Gonzales...

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