Interest of J.S.

20000344 In the Interest of J.S.
--------
William Pryatel, M.D., Petitioner and Appellee
v.
J.S., Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Ronald E. Goodman
Nature of Action: Mental Health
Counsel:
Appellant: Randall Lynn Hoffman
Appellee: Charles J. Gilje , Spec. Asst. Atty. Gen.
Appellee: Kenneth L. Dalsted , Spec. Asst. Atty. Gen.
Term: 12/2000   Argument: 12/22/2000  10:45am
ND cite: 2001 ND 25 2001 ND 10
NW cite: 625 N.W.2d 264 621 N.W.2d 582


Issues: Appellant's Statement of the Issues:
Whether the trial court was clearly erroneous in failing to inform the Respondent of his right to appeal thereby extending any deadline to file an appeal.
Whether the trial court was clearly erroneous in summarily ordering a mental health commitment with no findings of fact and conclusions of law in the light of conflicting evidence.
Whether the trial court was clearly erroneous in failing to consider the appropriateness and availability of alternative treatment to state hospitalization.

Appellee's Statement of the Issues:
Whether the trial court was clearly erroneous in failing to inform the respondent of his right to appeal thereby extending any deadline to file an appeal.
Whether the trial court was clearly erroneous in summarily ordering a mental health commitment with no findings of fact and conclusions of law in the light of conflicting evidence.
Whether the trial court was clearly erroneous in failing to consider the appropriateness and availability of alternative treatment to state hospitalization.

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Docket entries:
112/12/2000 APPELLANT BRIEF (received in Clerk of Supreme Court's office 12-19-00)
212/14/2000 NOTICE OF APPEAL: 12/12/2000
312/18/2000 APPELLEE BRIEF
412/19/2000 DISK - aeb
512/19/2000 RECORD ON APPEAL & audio tape of hearing held 11-27-00
612/19/2000 DISK - ATB (corrected) was e-mailed
712/19/2000 NOTICE OF INTENT TO TRANSPORT FOR ORAL ARGUMENT
812/19/2000 ACTION BY CHIEF JUSTICE. GRANTED
912/20/2000 Order Mailed to Parties (ALSO FAXED TO PARTIES & ND STATE HOSPITAL)
1012/20/2000 Original (Revised) Appellant's Brief
1112/22/2000 APPEARANCES: Randall L. Hoffman for the Appellant and J.S., Appellant; and Kenneth L. Dalsted,
1212/22/2000 Special Assistant Attorney General
1312/22/2000 ARGUED: Hoffman; Dalsted (Vol. X, Page 98)
1412/22/2000 ORAL ARGUMENT WEBCAST
1501/30/2000 Remanded under Rule 35(b), N.D.R.App.P.
1601/30/2001 SPLIT OPINION: Sandstrom, Dale V.
1701/30/2001 (CONCUR & DISSENT): VandeWalle, Gerald W.: CON/DIS
1802/09/2001 Fax copy of Findings of Fact, Conclusions of Law, Order for Judgment
1902/13/2001 RECORD ON APPEAL re-filed after remand
2002/15/2001 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2102/15/2001 UNANIMOUS OPINION: , Per Curiam
2202/20/2001 Order/Judgment Mailed to Parties
2303/09/2001 MANDATE
2403/13/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2507/16/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/28/2014