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Grey Bear v. ND Dept. of Human Services, et al.

Docket No. 20010241
Oral Argument: Wednesday, January 30, 2002 2:45pm

Docket Info

Title
Delano Grey Bear, Plaintiff and Appellant
v.
North Dakota Department
of Human Services, Defendant and Appellee
v.
Robert V. Bolinske, Additional Defendant on
Counterclaim and Appellant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 99-C-01007
South Central Judicial District, Burleigh County
Gary A. Holum
2002 ND 139651 N.W.2d 611
Oral Argument 1/30/2002

Highlight

The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury.
A trial court does not abuse its discretion by refusing to delete an amendment to a judgment that was originally requested by the party seeking to delete the amendment.
A trial court lacks personal jurisdiction over a party when the party was neither served with a summons, nor made a voluntary general appearance.


Briefs

Filing Date Description
11/16/2001 APPELLANT BRIEF View
12/26/2001 APPELLEE BRIEF (corrected) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Robert V Bolinske - 03266
APPELLEE ATT. GENERAL OFFICE Jean R Mullen - 03460

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 10/01/2001 NOTICE OF APPEAL : 09/27/2001
2 10/26/2001 RECORD ON APPEAL
3 11/06/2001 MOT. EXT/TIME APPELLANT BRIEF
4 11/06/2001 ACTION BY CLERK (MAT) - Granted : 11/16/2001
5 11/16/2001 APPELLANT BRIEF View
6 11/16/2001 APPELLANT APPENDIX
7 11/30/2001 DISK - ATB
8 12/19/2001 APPELLEE APPENDIX
9 12/24/2001 Copies of page 92 of Appellee's Appendix (inserted)
10 12/26/2001 APPELLEE BRIEF (corrected) View
11 12/26/2001 DISK - AEB (electronically transmitted)
12 12/26/2001 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
13 01/03/2002 SITTING WITH THE COURT : Bekken, James M.
14 01/30/2002 APPEARANCES: Robert V. Bolinske; Jean R. Mullen, Assistant Attorney General
15 01/30/2002 ARGUED: Bolinske; Mullen (Vol. X; Page 199)
16 01/30/2002 ORAL ARGUMENT WEBCAST
17 08/23/2002 DISPOSITION
18 08/23/2002 SPLIT OPINION : Neumann, William A. View
19 08/23/2002 (CONCUR) : Bekken, James M.
20 08/23/2002 (JOIN CONCUR) : Maring, Mary Muehlen
21 08/23/2002 (CONCUR) : Maring, Mary Muehlen
22 08/23/2002 (JOIN CONCUR) : Bekken, James M.
23 08/23/2002 At the direction of the Court no costs will be taxed in this appeal
24 09/16/2002 MANDATE
25 12/06/2002 Notice of filing Petiton for Writ of Certiorari-U.S. Supreme Court (copies distributed to Justices)
26 07/07/2003 Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari
27 09/19/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 09/26/2007 EXPUNGED - Nonpermanent record items destroyed