2 NICS App. 138, Cross v. Turnipseed (August 1991)

IN THE PUYALLUP TRIBAL COURT OF APPEALS

PUYALLUP INDIAN RESERVATION

TACOMA, WASHINGTON

Silas Cross v. Mike Turnipseed and Bertha Turnipseed

No. 90-1947 (August 19, 1991)

SUMMARY

After being named as the defendant in an action, Michael Turnipseed hired an attorney to defend him. Plaintiff Silas Cross, realizing he had improperly named Turnipseed as a defendant, filed a voluntary nonsuit to dismiss him from the case. The Puyallup Tribal Court, in its order dismissing Turnipseed, awarded him attorney fees for costs incurred to the date of dismissal. Cross appealed the award of attorney fees.

Finding that attorney fees are allowed in the Puyallup Tribal Court and that there was no showing the award was unfair, the Tribal Appellate Court affirmed the trial court's order. In response to the plaintiff/appellant's argument that he had relied on the assistance of the court clerk in naming Turnipseed as a defendant, the court pointed out that while court clerks assist in the filing of complaints they are not responsible for rendering legal advice to complainants.

FULL TEXT

Before:

Chief Justice Elizabeth Fry, Associate Justice Rosemary J. Irvin, and Associate Justice Rose E. Purser.

ORDER FROM APPEAL

PER CURIAM:

This matter was heard by the Tribal Appellate Court on October 12, 1990. After the hearing the court requested additional pleadings and a tape recording of the trial court proceedings. Upon review of the additional pleadings and tape, the appellate panel found good cause to affirm the trial court judge's decision.

Therefore, the trial court judge's order awarding attorney fees is hereby affirmed and is based upon the following:

2 NICS App. 138, Cross v. Turnipseed (August 1991) p. 139

It is so ordered.