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|
|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|
|10||05/03/2007 APPELLANT BRIEF|
|11||05/03/2007 APPELLANT APPENDIX|
|12||05/03/2007 DISK-(ATB) electronic|
|13||05/31/2007 APPELLEE BRIEF|
|14||05/31/2007 DISK - AEB|
|15||05/31/2007 Affidavit of Service by mail of the AEB|
|16||05/31/2007 APPELLEE APPENDIX|
|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|
|22||12/20/2007 DISPOSITION: AFFIRMED|
|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|