Marvin F. Morgan v. Michael A. Demos, M.D.

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 against Dr. John Chambers,' Dr. Michael Demos, and the Idaho Heart Institute (“Respondents”) on August 3, 2006. Therein, Morgan asserted that he was…