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FINES v. RESSLER ENTERPRISES, INC.

No. 20110357.

820 N.W.2d 688 (2012)

2012 ND 175

Sheryl M. FINES and Sheryl M. Fines, as substituted for Bruce Balliet, deceased, Plaintiffs Sheryl M. Fines, Appellant v. RESSLER ENTERPRISES, INC., d/b/a Ressler Siding and Windows, Defendant, Third Party Plaintiff and Appellee and Associated Materials, Inc., d/b/a Alside, Third Party Defendant.

Supreme Court of North Dakota.

August 21, 2012.

Attorney(s) appearing for the Case

Justin D. Hager , Bismarck, ND, for appellant.

Daniel J. Nagle , Mandan, ND, for defendant, third party plaintiff and appellee.

KAPSNER, Justice.

[¶ 1] Sheryl Fines appeals from a judgment dismissing her action against Ressler Enterprises, Inc., doing business as Ressler Siding and Windows (Ressler). Fines argues the district court abused its discretion in dismissing her action against Ressler as a sanction for spoliation of evidence. She contends dismissal was not appropriate because the court erred in determining Ressler was prejudiced by the destruction of the evidence and the court...

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