Gratech Co., Ltd. v. Wold Engineering, P.C. | ||||||||||
20030181 |
Gratech Company, Ltd., Plaintiff and Appellant
v. Wold Engineering, P.C., Defendant and Appellee | |||||||||
Appeal from: |
District Court,
North Central Judicial District,
Ward County
Judge Gary A. Holum | |||||||||
Nature of Action: | Contracts | |||||||||
Counsel: |
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Term: | 11/2003  Argument: 11/10/2003 | |||||||||
ND cite: | 2003 ND 200 | |||||||||
NW cite: |
672 N.W.2d 672
Listen to recording of oral argument in MP3 format | |||||||||
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Issues: |
Appellant's Statement of the Issues: Whether sections 24-02-26 to 24-02-33, N.D.C.C., exclusively apply to arbitration claims against the North Dakota Department of Transportation (NDDOT), or a prime contractor under the construction contract, as opposed to independent tort claims against a private engineering firm hired to perform services on a NDDOT project. Appellee's Statement of the Issues: I. Did the trial court commit reversible error by dismissing the Plaintiffs' claim with prejudice? II. Does NDCC 24-02-26 to 24-02-33 apply to all claims arising from contracts with the North Dakota Department of Transportation? III. Whether the Plaintiffs' suit against the North Dakota Department of Transportation for full compensation, bars them from recovery in this claim based on the doctrine of res judicata? | |||||||||
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1 | 06/25/2003 NOTICE OF APPEAL: 06/24/2003 | |
2 | 07/23/2003 MOT. EXT/TIME APPELLANT BRIEF | |
3 | 07/23/2003 ACTION BY CLERK. Granted: 09/02/2003 | |
4 | 07/24/2003 RECORD ON APPEAL with separate exhibits to entry 18 | |
5 | 07/24/2003 ANNOUNCED DISQUALIFICATION: Neumann, William A. | |
6 | 07/30/2003 Affidavit of Ronald G. Schmidt in Support of Rule 11.1 Motion | |
7 | 08/22/2003 APPELLANT BRIEF (w/addendum) | |
8 | 08/22/2003 Addendum to Appellant's Brief | |
9 | 08/22/2003 APPELLANT APPENDIX | |
10 | 08/25/2003 DISK - ATB | |
11 | 09/02/2003 Copies of Notice of Appeal for Appellant's Appendix (inserted) | |
12 | 09/22/2003 Appellee's Brief (Withdrawn 10-23-03) | |
13 | 09/22/2003 Appellee's Appendix (Withdrawn 10-23-03) | |
14 | 09/23/2003 DISK - AEB (Withdrawn 10-23-03) | |
15 | 09/29/2003 E-FILED MOTION (Mot. to Strike, Brief in Support, Notice of Motion) | |
16 | 09/29/2003 MOTION TO STRIKE PORTIONS OF AE'S BRIEF & APPENDIX FOR VIOATION OF RULE 30, NDRAppP; BRIEF IN. RspDue: 10/10/2003 | |
17 | 09/29/2003 SUPPORT; NOTICE OF MOTION | |
18 | 09/29/2003 MOTION FOR COSTS ON APPEAL & ATTORNEYS FEES FOR MOT. TO STRIKE & FOR GRATECH'S REPLY TO AEB | |
19 | 09/29/2003 (See Brief in Support of Motion to Strike) | |
20 | 09/29/2003 E-FILED MOTION | |
21 | 09/29/2003 REPLY BRIEF | |
22 | 10/01/2003 Original Motion to Strike Portions of AE's Brief & Appendix, Brief/Support & Notice of Motion (Same | |
23 | 10/01/2003 as e-filed Motion filed 9-29-03) | |
24 | 10/09/2003 Brief in Opposition of Appellant's Motion to Strike | |
25 | 10/23/2003 ACTION BY SUPREME COURT (NOTE: Motion granted insofar as Ex. C; DENIED insofar as Ex. A). Granted | |
26 | 10/23/2003 ACTION BY SUPREME COURT (Request for costs and attorney's fees denied). Denied | |
27 | 10/27/2003 SITTING WITH THE COURT: Wefald, Robert O. | |
28 | 10/27/2003 AMENDED APPELLEE BRIEF (replaced AEB previously filed) | |
29 | 10/27/2003 AMENDED APPELLEE APPENDIX (replaced AEA previously filed) | |
30 | 10/28/2003 DISK - Amended AEB | |
31 | 10/30/2003 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. | |
32 | 10/30/2003 SITTING WITH THE COURT: Smith, Kirk | |
33 | 11/03/2003 Letter from Ronald G. Schmidt dated 10-30-03 RE: he is now licensed in ND | |
34 | 11/10/2003 APPEARANCES: Ronald G. Schmidt and Collin P. Dobrovolny | |
35 | 11/10/2003 ARGUED: Schmidt; Dobrobolny (Vol. Y; Page 165) | |
36 | 11/10/2003 ORAL ARGUMENT WEBCAST | |
37 | 12/23/2003 DISPOSITION: AFFIRMED/PT, REVERSED/PT | |
38 | 12/23/2003 SPLIT OPINION: Sandstrom, Dale V. | |
39 | 12/23/2003 (CONCUR OR DISSENT): Maring, Mary Muehlen: CON/DIS | |
40 | 12/23/2003 No costs taxed on this appeal. | |
41 | 12/23/2003 Judgment Mailed to Parties | |
42 | 01/14/2004 MANDATE | |
43 | 08/10/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
44 | 10/27/2010 EXPUNGED - Nonpermanent record items destroyed |