Choice Financial Group v. Schellpfeffer

KAPSNER, Justice.

[¶ 1] Donald Schellpfeffer appeals from a partial summary judgment holding him liable on a personal guaranty of a corporate loan. We dismiss the appeal, concluding the district court erred in certifying the partial summary judgment as final under N.D.R.CÍV.P. 54(b).

I

[¶2] In January 2003, the R & D Group, LLC (“R & D”) executed a promissory note for $2,200,000 to Choice Financial Group (“Choice”). The promissory note was to be used to pay off numerous existing promissory notes between R & D and Choice and for future advances. Schellpfeffer signed a personal guaranty of the…