Hsu v. Marian Manor Apartments

20070040 George Hsu, M.D., Plaintiff and Appellant
v.
Marian Manor Apartments, Inc., Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge David E. Reich
Nature of Action: Contracts
Counsel:
Appellant: Pagel Weikum Law Firm
Appellee: Vogel Law Firm
Term: 09/2007   Argument: 09/05/2007  3:30pm
ND cite: 2007 ND 205
NW cite: 743 N.W.2d 672

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Does the Lease require Hsu to personally maintain a valid medical license?
2.Does Hsu's operation of the clinic constitute the practice of medicine as defined in North Dakota law?
3.Are there genuine issues of material fact with preclude this matter from being determined by summary judgment?

Appellee's Statement of the Issues:
I. Did the trial court properly hold that a lease of a medical clinic facility that expressly requires the lessee to "obtain and maintain all necessary licenses, certifications, and accreditations" and refers to him as "George S. Hsu, M.D." require the lessee to maintain a valid medical license?
II. Did the trial court properly hold that an owner/operator of a medical clinic who does not hold a valid license to practice medicine, but nevertheless shares in professional fees and proceeds of medical clinic operations, is engaged in the unlicensed practice of medicine in violation of North Dakota law?
III. Is a lease which has for its object the operation of medical clinic by an unlicensed individual unenforceable as against the public policy of the State of North Dakota?

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Docket entries:
102/07/2007 NOTICE OF APPEAL: 02/05/2007
202/07/2007 ORDER FOR TRANSCRIPT: 02/05/2007
302/07/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
403/15/2007 TRANSCRIPT DATED November 1, 2006
503/15/2007 DISK - TRA dated November 1, 2006
603/15/2007 Certificate of Service of copies of transcript on March 15, 2007
703/19/2007 RECORD ON APPEAL
804/23/2007 MOT. EXT/TIME APPELLANT BRIEF
904/23/2007 ACTION BY CLERK (MAT). Granted: 05/03/2007
1005/03/2007 APPELLANT BRIEF
1105/03/2007 APPELLANT APPENDIX
1205/03/2007 DISK-(ATB) electronic
1305/31/2007 APPELLEE BRIEF
1405/31/2007 DISK - AEB
1505/31/2007 Affidavit of Service by mail of the AEB
1605/31/2007 APPELLEE APPENDIX
1706/05/2007 Received 8 white covers for the Appellee's Appendix
1807/23/2007 SITTING WITH THE COURT: Foughty, Donovan John
1909/05/2007 APPEARANCES: Jeffrey S. Weikum; John C. Kapsner, Kari R. Reichert
2009/05/2007 ARGUED: Weikum; Kapsner
2109/05/2007 ORAL ARGUMENT WEBCAST
2212/20/2007 DISPOSITION: AFFIRMED
2312/20/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2412/20/2007 Costs on appeal taxed in favor of Appellee
2512/20/2007 Judgment e-mailed to Parties
2601/11/2008 MANDATE
2701/16/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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