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, Northwest Judicial District, Ward County
Judge Gary A. Holum

Nature of Action:

Counsel:

Appellant:		Traynor Law Firm, PC
Appellant:		Ronald G. Schmidt
Appellee:		McGee, Hankla, Backes & Dobrovolny

Term:

11/2003 Argument: 11/10/2003 02:45pm

ND cite:

2003 ND 200

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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Docket entries:

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12	09/22/2003	Appellee's Brief (Withdrawn 10-23-03)
13	09/22/2003	Appellee's Appendix (Withdrawn 10-23-03)
14	09/23/2003	DISK - AEB (Withdrawn 10-23-03)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

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