City of Grand Forks v. Henderson

SAND, Justice.

Henderson moved to dismiss the appeal of the City of Grand Forks on the grounds that the appeal was not filed within the period provided for in Rules 3 and 4 of the North Dakota Rules of Appellate Procedure.

In the basic eminent domain action the jury reached a verdict in the amount of $128,000.00. The judgment for this amount, together with costs and attorney’s fees in the amount of $44,569.26, was filed with the clerk of court on 12 Dec. 1979. The notice of entry of judgment and the notice of retaxation of costs 1 dated 13 Dec. 1979 with admission of service by opposing counsel…