Trinity Health v. North Central Emergency Services

20020317 Trinity Health, Plaintiff and Appellee
v.
North Central Emergency
Services, P.C., Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Contracts
Counsel:
Appellee: Pringle & Herigstad, P.C.
Appellee: Lawyer not licensed in N.D.
Appellant: Smith Bakke Porsborg Schweigert & Armstrong
Term: 02/2003   Argument: 02/11/2003  1:30pm
ND cite: 2003 ND 86
NW cite: 662 N.W.2d 280

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the trial court err in granting, sua sponte, summary judgment in favor of Trinity?
II. Did the trial court err in dismissing, sua sponte, NCES's claims and defenses?
III. Did the trial court err in denying NCES's Motion for Partial Summary Judgment?
IV. Did the trial court err in denying NCES's Motion In Limine Regarding Mitigation of Damages?
V. Did the trial court err in denying NCES's Motion to Compel Discovery, NCES's Motion to Compel Compliance with Subpoenas, and in granting Trinity's Motion for Protective Order?

Appellee's Statement of the Issues:
1. Whether the trial court properly denied NCES's motion for partial summary judgment given that Trinity had not terminated the Agreement.
2. Whether the trial court properly dismissed NCES's counterclaims and granted summary judgment in favor of Trinity, and whether NCES had sufficient notice given that the converse of its motion would inevitably mean that Trinity would prevail.
3. Whether the trial court properly dismissed NCES's estoppel claims and defenses given that a written contract controlled the relationship and given admissions by NCES that preclude proof of the elements of promissory estoppel.
4. Whether the trial court properly applied the law of mitigation when it denied NCES's motion in limine.
5. Whether the trial court abused its discretion when it denied NCES's motion to compel related to discovery of documents and depositions of doctors who were not parties to the contract between NCES and Trinity, who were not employees of NCES, and who were not involved in any contract negotiations between NCES and Trinity.

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Docket entries:
111/14/2002 NOTICE OF APPEAL: 11/12/2002
211/14/2002 ORDER FOR TRANSCRIPT: 11/12/2002
311/21/2002 Affidavit of James B. Lynch (appearance in S.C. is authorized under 11(e), N.D.R.Ct.
411/21/2002 TRANSCRIPT DATED 10-2-01, 12-3-01, 2-4-02, & 9-17-02
511/22/2002 DISK - TRA (10/2/01, 12/3/01, 2/4/02, & 9-17-02)
612/03/2002 APPELLANT BRIEF
712/03/2002 APPELLANT APPENDIX
812/03/2002 DISK - ATB
912/13/2002 RECORD ON APPEAL (4 volumes & 6 depositions)
1001/06/2003 APPELLEE BRIEF
1101/06/2003 APPELLEE APPENDIX
1201/07/2003 DISK - AEB
1301/20/2003 REPLY BRIEF
1401/20/2003 SUPPLEMENTAL APPENDIX OF APPELLANT
1501/20/2003 DISK - RYB
1602/11/2003 APPEARANCES: Randall J. Bakke, Dr. Michael Boulter; James B. Lynch, David J. Hogue, Todd Grages
1702/11/2003 ARGUED: Bakke; Lynch (Vol. Y; Page 85)
1802/11/2003 ORAL ARGUMENT WEBCAST
1906/03/2003 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2006/03/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
2106/03/2003 Costs on appeal taxed in favor of appellant
2206/04/2003 Judgment Mailed to Parties
2307/01/2003 MANDATE
2407/08/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2509/08/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/22/2014