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MORGAN v. DEMOS

No. 40170.

321 P.3d 732 (2014)

Marvin F. MORGAN, Plaintiff-Appellant, v. Michael Alexander DEMOS, M.D., John D. Chambers, Jr., M.D., and Idaho Heart Institute, P.C., Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2014 Term.

March 19, 2014.

Attorney(s) appearing for the Case

M. Brent Morgan, Chtd., Pocatello, for appellant. M. Brent Morgan argued.

Quane Jones McColl, PLLC, Boise, for respondents. Matthew F. McColl argued.

J. JONES, Justice.

Appellant Marvin F. Morgan appeals the dismissal of his wrongful death action under I.R.C.P. 40(c), as well as an order imposing sanctions against him and his former attorney pursuant to I.R.C.P. 37(a)(4). We affirm the judgment dismissing the case without prejudice but vacate the order granting sanctions.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Marvin F. Morgan, acting through his former counsel Lowell Hawkes, filed a complaint...

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