2 NICS App. 125, In Re the Matter of D.G., J.G., and J.G.* (May 1991)

IN THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF APPEALS

THE FLATHEAD RESERVATION

PABLO, MONTANA

In Re the Matter of D.G., J.G., and J.G.,* Minor Indian Children

Nos. CP-33-89 & AP-02-90 (May 3, 1991)

SUMMARY

By a conference call of the judges, without notice or appearance of parties or their counsel, the appellate panel dismissed a child custody proceeding at the appellant's request. Having filed a similar suit in the Montana state courts, the appellant had asked that jurisdiction over the matter remain with the state court and not be transferred to the Confederated Salish and Kootenai Tribal Court.

FULL TEXT

Before:

Chief Justice Rosemary J. Irvin, Associate Justice Cranston Hawley, and Associate Justice Wanda Miles

ORDER DISMISSING APPEAL AND GRANTING THE PARTIES

LIMITED TIME TO OBJECT TO THE DISMISSAL

PER CURIAM:

This matter came before this court on March 29, 1991, by conference call of the appellate justices, without notice or appearance of parties or their counsel.

This court, having examined the case records and files, has been advised that the children who are the subjects of this action are currently under the jurisdiction of the Montana state court as a result of the filing of an action which appears to raise the same issues under the Indian Child Welfare Act as this appeal. The court has been further advised that Damon Incashola, one of the parties granted appeal in this matter, has requested that jurisdiction remain with Missoula County and not be transferred to the Confederated Salish and Kootenai Tribes.

2 NICS App. 125, In Re the Matter of D.G., J.G., and J.G. (May 1991) p. 126

The court therefore enters the following order:

1.

The appeal on this matter is dismissed sua sponte, on the court's own motion, on the grounds of mootness.

2.

Should the parties wish to contest this order, they shall file their objections in writing with this court within fourteen days of the receipt of this order.

3.

If no written objections are filed within the required time, this order shall be final and have the force of law.

*

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