Trehus v. Job Service of North Dakota, 10405
| Decision Date | 14 July 1983 |
| Docket Number | No. 10405,10405 |
| Citation | 336 N.W.2d 362 |
| Parties | Delvin L. TREHUS, Appellee, v. JOB SERVICE OF NORTH DAKOTA, Appellant. Civ. |
| Court | North Dakota Supreme Court |
Pulkrabek & Tuntland, Mandan, for appellee; argued by Benjamin Pulkrabek, Mandan.
Michael J. Wilma, Asst. Atty. Gen., Bismarck, for appellant.
Job Service of North Dakota appealed from a district court "order" entered on 10 January 1983.
The district court issued findings of fact, conclusions of law and order for judgment dated 10 January 1983 in which it reversed the decision of Job Service and concluded that Delvin L. Trehus, the claimant, was entitled to unemployment compensation in the amount of $2,028.00. Judgment was also entered on 10 January 1983 and a notice of entry of judgment, together with affidavit of mailing, was filed in the district court of Burleigh County on 12 January 1983. Job Service filed a notice of appeal dated 24 February 1983 which provided that the appeal was from "the Order entered in this action on the 10th day of January, 1983."
The right of appeal in this state is purely statutory and is a jurisdictional matter which we may consider sua sponte. State v. Jefferson Park Books, Inc., 314 N.W.2d 73 (N.D.1981).
The statutory authorization for an appeal to this Court in a matter involving a decision of an administrative agency is North Dakota Century Code Sec. 28-32-21 which provides as follows:
"The judgment of the district court in an appeal from a decision of an administrative agency may be reviewed in the supreme court on appeal in the same manner as provided in section 28-32-19, except that the appeal to the supreme court must be taken within sixty days after the service of the notice of entry of judgment in the district court."
In this instance the notice of appeal provides that it is from an "order" and not from a "judgment." Consequently, there is no statutory authorization for the instant appeal and it is dismissed.
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...in the respective administrative agencies authorizing appeals. Counsel may have erroneously relied upon Trehus v. Job Service of North Dakota, 336 N.W.2d 362 (N.D.1983), wherein we concluded that an order for judgment or any interlocutory order or memorandum opinion without an order was not......
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Jensen v. Zuern, 10384
...matter. We have held that an order for judgment, as opposed to a judgment, is not an appealable order. See Trehus v. Job Service of North Dakota, 336 N.W.2d 362 (N.D.1983); In Interest of R.A.S., 321 N.W.2d 468 (N.D.1982); Piccagli v. North Dakota State Health Dept., 319 N.W.2d 484 (N.D.198......
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...of this state basically determines what is appealable. Fey v. Fey, 337 N.W.2d 159, 160 (N.D.1983); Trehus v. Job Service of North Dakota, 336 N.W.2d 362, 363 (N.D.1983); State v. Jefferson Park Books, Inc., 314 N.W.2d 73, 75 (N.D.1981). An examination of Section 29-28-06, N.D.C.C., reveals ......
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Fey v. Fey, 10354
...notice of appeal, quoted in part above, was executed on December 14, 1982, and filed on December 17, 1982. In Trehus v. Job Service of North Dakota, 336 N.W.2d 362 (N.D.1983), we noted that the right of appeal in this State is purely statutory and is a jurisdictional matter which we may con......