Rude v. Letnes

TEIGEN, Chief Justice.

The plaintiff has moved in this court for a dismissal of the defendant’s appeal from an order denying a motion for summary judgment. Following argument on the motion, we entered a minute order with opinion to follow whereby we granted plaintiff’s motion to dismiss and ordered a dismissal of the appeal.

The plaintiff, as movant, contends that an order denying a motion for summary judgment is interlocutory in nature, leaves the case pending for trial, and is not an ap-pealable order under Section 28-27-02, N.D. C.C.

Rule 56 of the North Dakota Rules of Civil Procedure…