Estate of Kish
Docket No.: 20230275
Filing Date: 4/26/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.
Highlight: A two-step analysis is required to determine whether an order is appealable. First, for this Court to have appellate jurisdiction, the order being appealed must meet statutory criteria for appealability. Second, for this Court to consider the appeal at this time, the requirements of N.D.R.Civ.P. 54(b) must have been satisfied.
Decisions have stated that this Court lacks appellate jurisdiction when an appellant fails to obtain N.D.R.Civ.P. 54(b) certification when required, but dismissal under Rule 54(b) is not for lack of appellate jurisdiction.
The parties did not request Rule 54(b) certification. The case is remanded under N.D.R.App.P. 35(a)(3)(B) so that the district court may determine in the first instance whether a Rule 54(b) certification is appropriate.
