Scheer v. Altru Health System
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| 20060333 |
Loretta Scheer, Plaintiff and Appellant
v.
Altru Health System and
Leslie Sullivan, M.D., Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven |
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Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
04/2007 Argument: 04/05/2007 02:45pm
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| ND cite: |
2007 ND 104
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| NW cite: |
734 N.W.2d 778
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the Judgment of Dismissal Without Prejudice filed by the trial court on October 24, 2006 is appealable?
II. What is the applicable standard of review?
III. Whether the trial court erred as a matter of law by interpreting N.D.C.C. 28-01-46 to require Scheer to ask for a good cause extension to serve the expert affidavit within three months of commencement of the action and before defendants moved
to dismiss?
IV. Alternatively, whether the three month dismissal provision of N.D.C.C. 28-01-46 deprives Scheer of substantive due process in violation of Article I, Section 12 of the North Dakota Constitution?
Appellee's Statement of the Issues:
I. Whether Plaintiff's appeal is proper when the Order appealed from is without prejudice
II. Whether the District Court erred in requiring the Appellant to comply with the requirements of North Dakota Century Code Section 28-01-46
III. Whether North Dakota Century Code Section 28-01-46 requiring expert substantiation of a medical malpractice claim is unconstitutional as a matter of law
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| 1 | | 11/20/2006 | |
NOTICE OF APPEAL: 11/17/2006 |
| 2 | | 11/24/2006 | |
ORDER FOR TRANSCRIPT: 11/21/2006 |
| 3 | | 11/30/2006 | |
RETENTION OF RECORD ON APPEAL: 01/10/2007 |
| 4 | | 12/28/2006 | |
TRANSCRIPT DATED AUGUST 23, 2006 |
| 5 | | 12/29/2006 | |
DISK -TRA(8-23-06)
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| 6 | | 01/05/2007 | |
RECORD ON APPEAL (not rec'd: #13 & 42--shorthand notes) |
| 7 | | 02/16/2007 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 02/26/2007 |
| 8 | | 02/20/2007 | |
Response Letter and Affidavit dated 2-20-07 |
| 9 | | 02/20/2007 | |
NO ACTION TAKEN (MSN) |
| 10 | | 02/20/2007 | |
APPELLANT BRIEF (Date of service on counsel for AE was 2-6-07) |
| 11 | | 02/20/2007 | |
E-FILED BRIEF (ATB) |
| 12 | | 02/20/2007 | |
APPELLANT APPENDIX |
| 13 | | 02/20/2007 | |
E-FILED APPENDIX |
| 14 | | 02/22/2007 | |
Rec'd $25 surcharge for ATB (Receipt 17290) |
| 15 | | 02/26/2007 | |
Rec'd 7 copies of ATB from CSD |
| 16 | | 02/26/2007 | |
Rec'd 6 copies of ATA from CSD |
| 17 | | 03/08/2007 | |
APPELLEE BRIEF |
| 18 | | 03/08/2007 | |
E-FILED BRIEF - AEB |
| 19 | | 03/08/2007 | |
APPELLEE APPENDIX |
| 20 | | 03/08/2007 | |
E-FILED APPENDIX - AEA |
| 21 | | 03/09/2007 | |
Rec's $37.50 surcharge for AEB & extra 25 pages of AEA (Receipt 17305) |
| 22 | | 03/12/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 23 | | 03/12/2007 | |
Received 6 copies of AEA from Central Duplicating |
| 24 | | 03/22/2007 | |
REPLY BRIEF (e-filed) |
| 25 | | 03/22/2007 | |
E-FILED BRIEF (RYB) |
| 26 | | 03/22/2007 | |
7 cc made of ryb |
| 27 | | 04/05/2007 | |
APPEARANCES: Sarah S. Barron; Randall S. Hanson, Donna M. Smith |
| 28 | | 04/05/2007 | |
ARGUED: Barron; Hanson |
| 29 | | 04/05/2007 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 06/26/2007 | |
DISPOSITION: REVERSED AND REMANDED |
| 31 | | 06/26/2007 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 32 | | 06/26/2007 | |
(CONCUR IN THE RESULT): Kapsner, Carol Ronning: CON/RES |
| 33 | | 06/26/2007 | |
(DISSENT): Crothers, Daniel John: DISSENT |
| 34 | | 06/26/2007 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT |
| 35 | | 06/28/2007 | |
Judgment e-mailed to Parties |
| 36 | | 07/10/2007 | |
PETITION FOR REHEARING |
| 37 | | 07/10/2007 | |
E-FILED BRIEF (PER) |
| 38 | | 07/17/2007 | |
Received 7 copies of Petition for Rehearing from Central Duplicating. |
| 39 | | 07/25/2007 | |
ACTION BY SUPREME COURT. Denied |
| 40 | | 08/06/2007 | |
MANDATE |
| 41 | | 08/13/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |