Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Snider v. Dickinson Elks Building, LLC

Supreme Court of North Dakota

August 17, 2016

Rick Snider and Janan Snider d/b/a RJ Snider Construction, Plaintiff and Appellees
v.
Dickinson Elks Building, LLC, Defendant and Appellant

         Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable William A. Herauf, Judge.

          Sean T. Foss, for plaintiffs and appellees.

          Christopher J. Thompson, for defendant and appellant.

          OPINION

          Sandstrom, Justice.

         [¶ 1] Dickinson Elks Building, LLC, appeals after the district court forfeited a construction lien filed by Rick and Janan Snider, doing business as RJ Snider Construction, and awarded the Dickinson Elks attorney's fees. We conclude we do not have jurisdiction and dismiss the appeal.

         I

         [¶ 2] In December 2011, Snider contracted with Beaver Brinkman to perform work on real property owned by the Dickinson Elks. Snider recorded a construction lien in January 2013 for $198, 255.08 against the property after it did not get paid for all of its work. In May 2014, the Dickinson Elks served Snider with a demand to start a lawsuit to enforce the lien and record a lis pendens within 30 days of the demand. Snider sued the Dickinson Elks in June 2014, seeking foreclosure of the construction lien and a money judgment for $198, 255.08. Snider recorded a notice of lis pendens on July 28, 2014.

         [¶ 3] The Dickinson Elks moved for summary judgment, arguing Snider's complaint should be dismissed because Snider was not a licensed contractor when it started the work on the property. The Dickinson Elks also argued Snider did not have a valid construction lien, because Snider did not record a lis pendens within 30 days of receiving the demand to enforce the lien. The district court granted the motion in part and entered a judgment forfeiting Snider's construction lien because Snider did not record a lis pendens within 30 days of receiving the Dickinson Elks' demand to enforce the lien as required under N.D.C.C. § 35-27-25.

         [¶ 4] The Dickinson Elks subsequently moved for attorney's fees for successfully contesting the construction lien. The district court entered a judgment awarding the Dickinson Elks $2, 994 in attorney's fees.

         II

         [¶ 5] Before reaching the merits of the Dickinson Elks' appeal, we must first decide whether we have jurisdiction. Jordet v. Jordet, 2015 ND 73, ¶ 12, 861 N.W.2d 154; In re Estate of Hollingsworth, 2012 ND 16, ¶ 7, 809 N.W.2d 328. The right to appeal is a jurisdictional matter governed by statute, and we will dismiss an appeal on our own if we conclude there is no statutory basis for the appeal and we do not have jurisdiction, even if the parties do not question the appealability. Jordet, at ¶ 12; Hollingsworth, at ¶ 7. Only those orders enumerated in N.D.C.C. § 28-27-02 and judgments and decrees constituting a final judgment of the rights of the parties to the action are appealable. Jordet, at ¶ 14.

         [¶ 6] Rule 54(b), N.D.R.Civ.P., preserves this Court's policy against piecemeal appeals and provides:

If an action presents more than one claim for relief, whether as a claim, counterclaim, crossclaim, or third-party claim, or if multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that 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 entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.

See also Bulman v. Hulstrand Constr. Co., Inc., 503 N.W.2d 240, 241 (N.D. 1993). "A party seeking to appeal must wait until the end of the case, when all claims have been resolved and final judgment has been entered, before filing an appeal." ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.