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:

Counsel:

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

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

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12		09/22/2003 Appellee's Brief (Withdrawn 10-23-03)
13		09/22/2003 Appellee's Appendix (Withdrawn 10-23-03)
14		09/23/2003 DISK - AEB (Withdrawn 10-23-03)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