Martinson v. Raugutt

GIERKE, Justice.

Martinson has appealed from a judgment that only partially disposes of an action in which “more than one claim for relief is presented _” Rule 54(b), NDRCivP. We dismiss the appeal.

While neither party has questioned the appealability of the judgment in issue, “[i]t is the duty of this Court to dismiss an appeal on our own motion if we conclude that the attempted appeal fails to grant jurisdiction.” Hennebry v. Hoy, 343 N.W.2d 87, 89 (N.D.1983).

Our review of the record presented to us discloses that First National Bank, in addition to answering Martinson’s amended complaint,…