Gratech Co., Ltd. v. Wold Engineering, P.C.
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| 20030181 |
Gratech Company, Ltd., Plaintiff and Appellant
v.
Wold Engineering, P.C., Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary A. Holum |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2003 Argument: 11/10/2003 2:45pm
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| ND cite: |
2003 ND 200
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| NW cite: |
672 N.W.2d 672
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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Appellee's Brief (Withdrawn 10-23-03) |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Appellee's Appendix (Withdrawn 10-23-03) |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 |