Bobcat of Mandan v. Doosan Bobcat North America

Citations

• 2026 ND 63

Syllabus

A two-pronged test is used when determining whether an order is appealable. First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. § 28-27-02. If it does not, our inquiry need go no further and the appeal must be dismissed. If it does, then Rule 54(b), N.D.R.Civ.P., if applicable, must be complied with. An \automatic stay\ under N.D.C.C. § 51-07-01.1(3) is appealable under N.D.C.C. § 28-27-02(3). The authority to issue a supervisory writ is discretionary and we decide whether to exercise our supervisory jurisdiction on a case-by-case basis.