Boutrous v. Transform Operating Stores, 960 N.W.2d 801

Plaintiffs (Ted J. Boutrous, L.L.C. and The Boutrous Group, LLP) sued to evict Transform defendants from the Bismarck Kmart property and sought damages.
The district court announced it would hear only the right of possession at the eviction hearing and would address damages later.
Defendants moved to dismiss for lack of subject matter jurisdiction; the court proceeded with the possession hearing.
After the hearing the court ordered immediate possession for Plaintiffs, reserved damages for a later full hearing, entered judgment, denied reconsideration, and entered an amended judgment altering the surrender date.
Defendants appealed; Plaintiffs moved to dismiss the appeal arguing there was no final judgment or appealable order.

Issue	Boutrous' Argument	Transform's Argument	Held
Whether the eviction judgment awarding possession but reserving damages is a final, appealable judgment	Not final; damages unresolved so appeal is improper	(Implicit) possession judgment is appealable once entered	Appeal dismissed: judgment not final because damages claim remained and no Rule 54(b) certification
Whether Rule 54(b) certification was required for an appeal from a partial adjudication under eviction statute	Certification required to permit immediate appeal of fewer than all claims	Transform did not obtain certification	Court: Without Rule 54(b) certification (or adjudication of all claims), the order was not final and appeal must be dismissed

Presswood v. Runyan, 2020 ND 8, 937 N.W.2d 279 (appealability governed by statute)
Gasic v. Bosworth, 2014 ND 85, 845 N.W.2d 306 (eviction order that reserves counterclaims/damages is not final)
Greer v. Global Indus., Inc., 2018 ND 206, 917 N.W.2d 1 (Rule 54(b) certification required before appealing partial adjudication)
Capps v. Weflen, 2013 ND 16, 826 N.W.2d 605 (Rule 54(b) certification should be sparingly used; consider prejudice and administrative interests)