Martin v. Trinity Hospital

20070329 Dr. Larry Martin, Plaintiff, Appellant
and Cross-Appellee
v.
Trinity Hospital, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary H. Lee
Nature of Action: Contracts
Counsel:
Appellant: Boughey Law Firm
Appellee: Pringle & Herigstad, P.C.
Term: 05/2008   Argument: 05/12/2008  1:30pm
ND cite: 2008 ND 176
NW cite: 755 N.W.2d 900

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.The Lower Court Erred in Granting a Directed Verdict.
2.The Lower Court Became an Advocate on Behalf of Trinity.
3.The Lower Court Abused Its Discretion in Not Requiring or Allowing Pre-Trial Discovery or Enforcement of the Trial Subpoenas.

Appellee's Statement of the Issues:
The Trial Court's award of judgment as a matter of law is compelled by Martin's failure to offer critical evidence regarding alleged contract damages.
The Trial Court's decision regarding discovery is supported by the evidence and its previously issued written order.
Cross Appeal: The Trial Court erred when it failed to grant judgment as a matter of law in favor of Trinity based on the fact that under the plain, unambiguous terms of the employment contract, Martin's term of employment ended on February 28, 2003; thus, Trinity did not breach the contract and Martin was not entitled to the production bonus that he claimed.

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Docket entries:
111/13/2007 NOTICE OF APPEAL: 11/08/2007
211/13/2007 ORDER FOR TRANSCRIPT: 11/08/2007
311/15/2007 Request for advance payment of transcript by court reorter Laurel Marsh
411/15/2007 RETENTION OF RECORD ON APPEAL: 12/28/2007
511/27/2007 NOTICE OF CROSS APPEAL (filed in trial court on 11-21-07)
612/03/2007 Ltr from Laurel Marsh, Court Reporter - suspending preparation of TRA for failure to pay.
712/05/2007 Payment for TRA made to Court Reporter from Lynn Boughey
812/28/2007 TRANSCRIPT DATED SEPTEMBER 10, 2007
912/28/2007 DISK-tra (9/10/07) electronic
1012/31/2007 certificate of service of copies of transcripts
1112/03/2007 RECORD ON APPEAL (2 Volumes) and Separates (Entry Nos. 55-62, 80 & 81).
1202/05/2008 MOT. EXT/TIME APPELLANT BRIEF
1302/05/2008 E-FILED MOTION (MAT)
1402/05/2008 ACTION BY CLERK (MAT). Granted: 02/26/2008
1502/26/2008 APPELLANT BRIEF (electronic)
1602/26/2008 E-FILED BRIEF (ATB)
1702/26/2008 APPELLANT APPENDIX (PDF)
1802/26/2008 E-FILED APPENDIX (ATA) PDF
1902/27/2008 Received $25 surcharge for ATB (Receipt #18035).
2003/03/2008 Letter from Mr. Hogue dated 2-29-08 RE: due date for ATB
2103/04/2008 Received 7 copies of ATB from Central Duplicating.
2203/04/2008 Received 6 copies of ATA from Central Duplicating.
2303/28/2008 APPELLEE BRIEF
2403/28/2008 E-FILED BRIEF (AEB)
2503/28/2008 APPELLEE APPENDIX
2604/01/2008 Received $25 surcharge for AEB (Receipt #18070)
2704/07/2008 Copies of AEB received from Central Duplicating
2804/09/2008 MOT. EXT/TIME to file Appellant/Cross-Appellee's REPLY BRIEF (letter dated April 9, 2008)
2904/09/2008 ACTION BY Chief Deputy Clerk (MRY). Granted: 04/24/2008
3004/09/2008 E-FILED MOTION (MRY/by fax)
3104/24/2008 REPLY BRIEF
3204/24/2008 Appendix to Reply Brief
3304/24/2008 E-FILED BRIEF - RYB
3404/24/2008 E-FILED APPENDIX - Appendix to Reply Brief
3504/29/2008 Received copies of RYB from Central Duplicating
3604/29/2008 Received copies of RYB Appendix from Central Duplicating
3705/12/2008 APPEARANCES: Lynn M. Boughey; Matthew H. Olson
3805/12/2008 ARGUED: Boughey; Olson
3905/12/2008 ORAL ARGUMENT WEBCAST
4005/16/2008 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
4109/23/2008 DISPOSITION: REVERSED AND REMANDED
4209/23/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
4309/23/2008 Parties will bear their own costs on appeal.
4409/24/2008 Judgment E-Mailed to Parties
4510/15/2008 MANDATE
4610/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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