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CHOICE FINANCIAL GROUP v. SCHELLPFEFFER

No. 20040204.

696 N.W.2d 504 (2005)

2005 ND 90

CHOICE FINANCIAL GROUP, Plaintiff and Appellee, v. Donald A. SCHELLPFEFFER, Defendant and Appellant, and The R & D Group, L.L.C., Defendant.

Supreme Court of North Dakota.

May 17, 2005.

Attorney(s) appearing for the Case

Lowell P. Bottrell (argued), and Kyle Lynn Carlson (appeared), Anderson & Bottrell, Fargo, ND, for plaintiff and appellee.

Daniel John Crothers (argued), Stephen W. Plambeck (on brief), Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Fargo, ND; Michael Degan (on brief) and Timothy K. Dolan (on brief), Blackwell, Sanders, Pepper & Martin, Omaha, NE, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Donald Schellpfeffer appeals from a partial summary judgment holding him liable on a personal guaranty of a corporate loan. We dismiss the appeal, concluding the district court erred in certifying the partial summary judgment as final under N.D.R.Civ.P. 54(b).

I

[¶ 2] In January 2003, the R & D Group, LLC ("R & D") executed a promissory note for $2,200,000 to Choice Financial Group ("Choice"). The promissory...

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