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: |
|
| Term: |
05/2008 Argument: 05/12/2008 01:30pm
|
| ND cite: |
2008 ND 176
|
| NW cite: |
755 N.W.2d 900
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20070329 RSS
|
| 1 | | 11/13/2007 | |
NOTICE OF APPEAL: 11/08/2007 |
| 2 | | 11/13/2007 | |
ORDER FOR TRANSCRIPT: 11/08/2007 |
| 3 | | 11/15/2007 | |
Request for advance payment of transcript by court reorter Laurel Marsh |
| 4 | | 11/15/2007 | |
RETENTION OF RECORD ON APPEAL: 12/28/2007 |
| 5 | | 11/27/2007 | |
NOTICE OF CROSS APPEAL (filed in trial court on 11-21-07) |
| 6 | | 12/03/2007 | |
Ltr from Laurel Marsh, Court Reporter - suspending preparation of TRA for failure to pay. |
| 7 | | 12/05/2007 | |
Payment for TRA made to Court Reporter from Lynn Boughey |
| 8 | | 12/28/2007 | |
TRANSCRIPT DATED SEPTEMBER 10, 2007 |
| 9 | | 12/28/2007 | |
DISK-tra (9/10/07) electronic
|
| 10 | | 12/31/2007 | |
certificate of service of copies of transcripts |
| 11 | | 12/03/2007 | |
RECORD ON APPEAL (2 Volumes) and Separates (Entry Nos. 55-62, 80 & 81). |
| 12 | | 02/05/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 02/05/2008 | |
E-FILED MOTION (MAT) |
| 14 | | 02/05/2008 | |
ACTION BY CLERK (MAT). Granted: 02/26/2008 |
| 15 | | 02/26/2008 | |
APPELLANT BRIEF (electronic) |
| 16 | | 02/26/2008 | |
E-FILED BRIEF (ATB) |
| 17 | | 02/26/2008 | |
APPELLANT APPENDIX (PDF) |
| 18 | | 02/26/2008 | |
E-FILED APPENDIX (ATA) PDF |
| 19 | | 02/27/2008 | |
Received $25 surcharge for ATB (Receipt #18035). |
| 20 | | 03/03/2008 | |
Letter from Mr. Hogue dated 2-29-08 RE: due date for ATB |
| 21 | | 03/04/2008 | |
Received 7 copies of ATB from Central Duplicating. |
| 22 | | 03/04/2008 | |
Received 6 copies of ATA from Central Duplicating. |
| 23 | | 03/28/2008 | |
APPELLEE BRIEF |
| 24 | | 03/28/2008 | |
E-FILED BRIEF (AEB) |
| 25 | | 03/28/2008 | |
APPELLEE APPENDIX |
| 26 | | 04/01/2008 | |
Received $25 surcharge for AEB (Receipt #18070) |
| 27 | | 04/07/2008 | |
Copies of AEB received from Central Duplicating |
| 28 | | 04/09/2008 | |
MOT. EXT/TIME to file Appellant/Cross-Appellee's REPLY BRIEF (letter dated April 9, 2008) |
| 29 | | 04/09/2008 | |
ACTION BY Chief Deputy Clerk (MRY). Granted: 04/24/2008 |
| 30 | | 04/09/2008 | |
E-FILED MOTION (MRY/by fax) |
| 31 | | 04/24/2008 | |
REPLY BRIEF |
| 32 | | 04/24/2008 | |
Appendix to Reply Brief |
| 33 | | 04/24/2008 | |
E-FILED BRIEF - RYB |
| 34 | | 04/24/2008 | |
E-FILED APPENDIX - Appendix to Reply Brief |
| 35 | | 04/29/2008 | |
Received copies of RYB from Central Duplicating |
| 36 | | 04/29/2008 | |
Received copies of RYB Appendix from Central Duplicating |
| 37 | | 05/12/2008 | |
APPEARANCES: Lynn M. Boughey; Matthew H. Olson |
| 38 | | 05/12/2008 | |
ARGUED: Boughey; Olson |
| 39 | | 05/12/2008 | |
ORAL ARGUMENT WEBCAST |
| 40 | | 05/16/2008 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 41 | | 09/23/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 42 | | 09/23/2008 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 43 | | 09/23/2008 | |
Parties will bear their own costs on appeal. |
| 44 | | 09/24/2008 | |
Judgment E-Mailed to Parties |
| 45 | | 10/15/2008 | |
MANDATE |
| 46 | | 10/17/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |