First Call, Inc. v. Capital Answering Service, Inc.

Capital Answering Service, Inc., (Capital Answering), appeals from an order of the First Judicial District Court, Lewis & Clark County, dismissing the complaint of First Call, Inc., (First Call) without prejudice. We reverse and remand for further proceedings consistent with this opinion.

The issue on appeal is whether a dismissal pursuant to Rule 41(e), M.R.Civ.P., shouldbe with prejudice and, thus, accorded res judicata effect.

First Call filed an action for breach of contract against Capital Answering in the District Court, Lewis & Clark Comity on September 9, 1991, as Cause No. ADV 91-1480,…