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Gasic v. Bosworth

Supreme Court of North Dakota

April 29, 2014

Vlad Gasic, Plaintiff
v.
Mark Bosworth, Blake Bosworth, Catherine Fletcher, Matthew Fletcher, and James Legg, Defendants Mark Bosworth, Appellant

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Paul W. Jacobson, Judge.

Vlad Gasic, plaintiff; no appearance.

Mark Bosworth, Williston, N.D., defendant and appellant; self-represented; submitted on brief.

Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Gerald W. VandeWalle, C.J. Opinion of the Court by Kapsner, Justice.

OPINION

Page 307

Kapsner, Justice.

[¶1] Mark Bosworth appeals from an order evicting him from land. Because Bosworth has not appealed from a final order or judgment, we dismiss the appeal.

I

[¶2] In August 2013, Vlad Gasic commenced this action against several defendants, including Bosworth, seeking an order requiring the defendants to vacate land in Epping, North Dakota, or requiring the sheriff to evict the defendants from the premises. Gasic's complaint asserts that he is the record title owner of the land, that defendants are currently unauthorized tenants, that defendants are using the premises in an unauthorized manner and not paying their fair share of utilities and garbage removal, and that Gasic had demanded the defendants vacate the premises immediately, but they refused to do so. Gasic also alleged he had served a notice of intent to evict under N.D.C.C. § 47-32-02. The defendants answered the complaint and counterclaimed.

[¶3] On September 11, 2013, after a hearing, the district court entered an " order for eviction" requiring the defendants and all occupants to vacate the premises on or before September 16, 2013. On September 16, 2013, the defendants moved to stay the eviction and requested a hearing, in addition to filing a notice of appeal. The district court entered a " stay of eviction" on September 16, 2013. Only Mark Bosworth has filed a brief in this appeal.

II

[¶4] Generally, " [t]he right to appeal is jurisdictional, and we consider appealability of a judgment on our own initiative even when neither party has questioned appealability." Kouba v. Febco, Inc., 1998 ND 171, ¶ 7, 583 N.W.2d 810. When an order or judgment is not appealable, this Court will dismiss the appeal sua sponte. See Meyer v. City of Dickinson, 397 N.W.2d 460, 461 (N.D. 1986). " Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable." State v. North Dakota Ins. Reserve Fund, 2012 ND 216, ¶ 4, 822 N.W.2d 38; see also N.D.R.Civ.P. 54(b).

[¶5] Under N.D.R.Civ.P. 54(b), a judgment, to be final, must dispose of all claims or the district court must direct entry of a final partial judgment if the court properly expressly determines " there is no just reason for delay." " Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the ...


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