Wahpeton Public School District No. 37 v. North Dakota Education Ass'n

I concur in the result reached by the majority. However, I believe the appeal should be dismissed on the ground that the order from which the appeal is taken is not an appealable order and this court does not have jurisdiction of the subject matter.

The plaintiff commenced an action seeking a permanent injunction against the defendant. The defendant then counterclaimed for a permanent injunction against the plaintiff. Each of the parties also petitioned the court for an injunction pen-dente lite and each obtained an ex parte restraining order pending the hearing on the petition. The notice of…