Community Homes of Bismarck, Inc. v. Clooten

NEUMANN, Justice.

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.…