Olympic Financial Group v. ND Dep't of Financial Institutions

Citations

• 987 N.W.2d 329
• 2023 ND 38

Syllabus

Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action. A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff's chosen forum. A district court's authority to grant declaratory relief requires the exhaustion of administrative remedies.