Hsu v. Marian Manor Apartments
George Hsu, M.D., Plaintiff and Appellant
Marian Manor Apartments, Inc., Defendant and Appellee
South Central Judicial District,
Judge David E. Reich
|Nature of Action:||Contracts|
|Term:||09/2007  Argument: 09/05/2007 3:30pm|
|ND cite:||2007 ND 205|
743 N.W.2d 672
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20070040 RSS|
|1||02/07/2007||NOTICE OF APPEAL: 02/05/2007|
|2||02/07/2007||ORDER FOR TRANSCRIPT: 02/05/2007|
|3||02/07/2007||ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||03/15/2007||TRANSCRIPT DATED November 1, 2006|
|5||03/15/2007||DISK - TRA dated November 1, 2006|
|6||03/15/2007||Certificate of Service of copies of transcript on March 15, 2007|
|7||03/19/2007||RECORD ON APPEAL|
|8||04/23/2007||MOT. EXT/TIME APPELLANT BRIEF|
|9||04/23/2007||ACTION BY CLERK (MAT). Granted: 05/03/2007|
|14||05/31/2007||DISK - AEB|
|15||05/31/2007||Affidavit of Service by mail of the AEB|
|17||06/05/2007||Received 8 white covers for the Appellee's Appendix|
|18||07/23/2007||SITTING WITH THE COURT: Foughty, Donovan John|
|19||09/05/2007||APPEARANCES: Jeffrey S. Weikum; John C. Kapsner, Kari R. Reichert|
|20||09/05/2007||ARGUED: Weikum; Kapsner|
|21||09/05/2007||ORAL ARGUMENT WEBCAST|
|23||12/20/2007||UNANIMOUS OPINION: Maring, Mary Muehlen|
|24||12/20/2007||Costs on appeal taxed in favor of Appellee|
|25||12/20/2007||Judgment e-mailed to Parties|
|27||01/16/2008||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|