3 NICS App. 309, Tulalip Housing Authority v. Jimicum (July 1994)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

MARYSVILLE, WASHINGTON

Tulalip Housing Authority v. Jimicum

No. TUL-Ci-2/94-273 (July 14, 1994)

SUMMARY

Appeal of Writ of Restitution issued by Trial Court restoring house to Tulalip Housing Authority due to default in rent. Court of Appeals affirmed Trial Court judgment.

FULL TEXT

Before:            Chief Justice Elbridge Coochise, Associate Justice Charles R. Hostnik, and Associate Justice Rose Purser.

Appearances:  Pro se appellant, Ruby Jimicum; pro se Appellant, David Fryberg, Jr.; Christina Berg, attorney, and Stacy Oshie, Financial Assistance Counselor, for Respondent, Tulalip Housing Authority.

NATURE OF THE ACTION

Plaintiff, Tulalip Housing Authority, brought an Unlawful Detainer action against Defendants, Ruby Jimicum and David Fryberg, Jr., for failure to pay rent and breach of payback agreement. Trial Court ordered Defendants to pay back rent and property damage and ordered a Writ of Restitution restoring premises to Plaintiff. Defendants appeal the Trial Court judgment.

COOCHISE, Chief Justice:

THIS MATTER came before the Court of Appeals for oral argument on June 20, 1994. Present at that time for the Appellants were David Fryberg, Jr. and Ruby Jimicum. Both appeared pro se. Present for Respondent Tulalip Housing Authority were Christina Berg, Attorney, and Stacy Oshie, Financial Assistance Counselor.

3 NICS App. 309, Tulalip Housing Authority v. Jimicum (July 1994) p. 310

This matter was originally set for oral argument on May 31, 1994. At that time Appellants, Ruby Jimicum and David Fryberg, Jr., appeared before the Court and requested a continuance of the oral argument date. The Housing Authority did not object to the continuance, provided that current rent payments were made for the months of May and June of 1994. The Court continued the oral argument date from May 31 to June 20, 1994, conditioned upon Appellants making two payments of $792 each, the first to be paid by no later than 4:00 p.m. on June 3, 1994, and the second to be paid by no later than 4:00 p.m. on June 17, 1994. Appellant, David Fryberg, Jr., promised to make both payments.

At the appeal hearing on June 20, 1994, the Court inquired as to whether Appellant made the two payments as he promised he would do. Appellant made the first payment, but did not make the second payment. The parties were prepared to proceed, and the Court listened to oral arguments of both parties. When the Court then adjourned for deliberations, the Court instructed David Fryberg to make the second payment of $792 that was due three days earlier to the Housing Authority during the Court's deliberations.

The Court then reconvened after deliberating for approximately 30 minutes. Although a payment was made by Appellants to the Housing Authority, the amount of the payment was $550, not the full payment of $792 that Appellant promised he would make.

The Court reviewed the entire record of the trial court proceeding, and all exhibits admitted at trial. The Court is fully satisfied that it is aware of all evidence that was presented before the trial court. The Court also listened to arguments of both parties on appeal. After reviewing all of this information, the Court can find no grounds to alter the trial court's decision.

Therefore, the judgment entered in favor of the Tulalip Housing Authority and against Ruby Jimicum and David Fryberg, Jr. on March 16, 1994, by trial judge, Marguerite Edwards, is hereby affirmed in all respects. This matter is remanded to the trial court for further proceedings consistent with this opinion.

HOSTNIK and PURSER, Associate Justices, concur.