property damage). The alleged cause of the explosion was a propane leak from one of the hot oil trucks, which has been referred to by the parties as a "knock off" truck built through "reverse engineering" by B&B Hot Oil with assistance from JB's Welding. Id. at ¶¶ 2-3.
[¶3] Several third parties sued Forster/Krebs and B&B Hot Oil in this action for damages. Forster/Krebs cross-claimed against B&B Hot Oil and JB's Welding for damages related to the destruction of Forster/Krebs' building and the contents. Forster/Krebs ultimately alleged claims against B&B Hot Oil for breach of contract, negligence, res ipsa loquitur, and strict products liability, and against JB's Welding for negligence, strict products liability, and concerted action and a joint venture with B&B Hot Oil.
[¶4] The district court granted summary judgment dismissing all of Forster/Krebs' cross-
claims against B&B Hot Oil, ruling that Forster/Krebs waived their right to recover damages to their property under the provisions of the lease agreement with B&B Hot Oil and that Forster/Krebs' insurer, Acuity, was not entitled to subrogation from B&B Hot Oil. The court denied Forster/Krebs' motion to amend their pleadings against B&B Hot Oil. The court also granted summary judgment dismissing Forster/Krebs' claims against JB's Welding for concerted action and a joint venture with B&B Hot Oil.
[¶5] As a result of the district court's rulings, Forster/Krebs' other remaining claims against JB's Welding for negligence and strict products liability were scheduled for a jury trial on March 9, 2017. On February 10, 2017, a stipulation for the voluntary dismissal without prejudice of Forster/Krebs' remaining claims against JB's Welding was filed in the district court. In the filed stipulation, which was signed by counsel for Forster/Krebs and counsel for JB's Welding, Forster/Krebs and JB's Welding agreed the court shall enter an order dismissing Forster/Krebs' claims against JB's Welding without prejudice. The court subsequently signed an order dismissing Forster/Krebs' claims against JB's Welding without prejudice and a judgment was entered dismissing those claims without prejudice. The effect of that judgment disposed of all the claims in the lawsuit.
[¶6] Forster/Krebs appealed from the judgment, arguing the district court erred in: (1) dismissing their claims against B&B Hot Oil and their insurer's subrogation claim against B&B Hot Oil; (2) denying their motion to amend their pleadings against B&B Hot Oil; and (3) dismissing with prejudice their claims against J&B's Welding for concerted action and a joint venture. Forster/Krebs' appeal did not raise any issues arising from the stipulated dismissal without prejudice of their negligence and strict products liability claims against JB's Welding.
[¶7] B&B Hot Oil moved to dismiss Forster/Krebs' appeal and JB's Welding filed a brief in support of that motion. B&B Hot Oil and JB's Welding contend this Court lacks appellate jurisdiction to hear this appeal, because the dismissal without prejudice of Forster/Krebs' remaining claims against JB's Welding circumvented N.D.R.Civ.P. 54(b) and created an artificial final judgment for purposes of appeal. Forster/Krebs opposes the motion to dismiss, arguing their appeal is from a