Van Valkenburg v. Paracelsus Healthcare Corporation — Mar. 2000 (Full Case)
[¶39] Gerald G. Glaser, S.
J., sitting in place of Kapsner, J., disqualified.
1. No formal judgment was entered, and the plaintiffs appealed from the “Memorandum
Opinion
and Order Granting Defendants’ Motion for Summary Judgment.” Although an order granting
summary judgment is generally not appealable, we will treat it as an appealable final order where,
as here, it was obviously intended to be final. E.g., Keator v. Gale, 1997 ND 46,
¶ 5 n.2, 561
N.W.2d 286 (treating order granting summary judgment as appealable final order where order
was obviously intended to be final).