1 NICS App. 66, Siddle v. Berys (December 1989)

IN THE PUYALLUP TRIBAL COURT OF APPEALS

PUYALLUP INDIAN RESERVATION

TACOMA, WASHINGTON

James Siddle v. Delores Young Berys

No. 83-1327 (December 28, 1989)

SUMMARY

The Court of Appeals found that in an action for an order of dissolution, the respondent followed proper procedures for collection of child support and enforcement of foreign judgments. Further, while an award of attorney's fees is within the discretion of the trial court, the court is without authority to award interest.

FULL TEXT

Before:

Lawrence Numkena, Chief Justice; Rose Purser, Justice; and Dennis Nelson, Justice.

ORDER OF THE APPELLATE COURT

This matter having come before the Court of Appeals on the 28th day of December, 1989, before the Honorable Lawrence Numkena, Honorable Rose Purser and Honorable Dennis Nelson.

Present for the hearing were: James Siddle; Delores Young Berys; Charles R. Hostnik, an attorney representing the Respondent; Daryl Berys; and Jamie Siddle, minor child.

The Court of Appeals finds that the Order of Dissolution was properly filed, pursuant to Section 4.60, Enforcement of Foreign Judgements, of the Puyallup Civil Code.

That the Respondent, Delores Young Berys, has followed proper procedures for collection of child support.

That it is within the discretion of the Trial Court to award attorney's fees, but there is no authority to award interest.

It is the judgment of the Court of Appeals that the Trial Court Order of November 28, 1989, is affirmed and remanded to the Trial Court for enforcement.

The portion of the Judgment awarding interest for attorney's fees is reversed.