Sickler v. Kirkwood

MARING, Justice,

specially concurring.

[¶ 10] I write to join the majority decision to dismiss the appeal on the ground the trial court abused its discretion in certifying the partial summary judgment as final under N.D.R.Civ.P. 54(b), but for the following reasons.

[¶ 11] There was never a motion requesting the court enter a final judgment under Rule 54(b), N.D.R.Civ.P. During oral argument Sicklers’ counsel admitted he submitted a proposed order for judgment and the court signed it without consideration of the positions of the respective parties. This procedure is not what is contemplated by…