Community Homes of Bismarck, Inc. v. Clooten
Cases that cite this one
13 later published cases cite this decision.
- Triple Quest, Inc. v. Cleveland Gear Co. (N.D. 2001)
- Estate of Schmidt (N.D. 2001)
- State v. Gwyther (N.D. 1999)
- Anseth v. Dupont Co. (N.D. Ct. App. 1998)
- Kouba v. Febco, Inc. (N.D. 1996)
- Raboin v. North Dakota Department of Human Services (N.D. 1996)
- Conrad v. Wilkinson (N.D. 2017)
- Sanderson v. Walsh County (N.D. 2006)
- Kant v. Altayar (Neb. 2005)
- Haugenoe v. Bambrick (N.D. 2003)
- Tibor v. Tibor (N.D. 1998)
- Albrecht v. Metro Area Ambulance (N.D. 1998)
- Siewert v. North Dakota Workers Compensation Bureau (N.D. 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff sought to evict the defendant from a housing project set aside for low income tenants. The basis for this complaint was alleged violation of the lease provision regarding unauthorized guests. The action was dismissed without prejudice. Plaintiff attempts to appeal from this order of dismissal without prejudice.
“The right to appeal is a jurisdictional matter which we may consider sua sponte.” E.g., Johnson v. King, 325 N.W.2d 254, 256 (N.D. 1982). This right to appeal is statutory. Id. Therefore, before we consider the merits of this appeal, we must have jurisdiction. E.g., Gast Constr. Co. v. Brighton Partnership, 422 N.W.2d 389, 390 (N.D. 1988).
An order of dismissal without prejudice is not an appealable order under NDCC § 28-27-02. Runck v. Brakke, 421 N.W.2d 487, 488 (N.D. 1988). “Because either side may commence another action, the order dismissing this action neither ‘determines the action’ nor ‘prevents a judgment from which an appeal might be taken.’ NDCC § 28-27-02(1).” Id. Consequently, due to lack of jurisdiction, this appeal must be, and hereby is, dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.