4 NICS App. 1, IN RE HUDSON (January 1995)

IN THE HOH TRIBAL COURT OF APPEALS

HOH INDIAN RESERVATION

FORKS, WASHINGTON

    In re Pansy Howeattle Hudson, Deceased.

    David R. Hudson, Respondent

v.

    Howard Hudson, Yvonne Hudson, Appellants

No. HOH-CIV-4/94-005 (January 12, 1995)

SUMMARY

Trial court judge has duty to facilitate probate and must be allowed to do so without burdensome interference of appeals prior to final adjudication. We deny appeal for lack of final order and remand.

FULL TEXT

Before:            Elbridge Coochise, Chief Justice; Christopher P. Williams, Justice; Mary T. Wynne, Justice.

This matter came before the Hoh Tribal Court of Appeals on Appellants’ notice of appeal, dated December 14, 1994, wherein Appellants appeal the December 4, 1994 Order of the Hoh Tribal Court removing administrator Howard Hudson and appointing Sandra Reyes as successor administrator. On December 19, 1994, in a Motion for Stay Pending Appeal and a Motion for Supersedeas, Appellants moved to stay enforcement of the December 4, 1994 Order.

The Court, having reviewed the documents filed by the parties, has concerns regarding the “finality” of the judgment from which petitioner is appealing. Pursuant to Hoh Appellate Rule VIII(C)(1), appeals must be filed within ten days “after the judgment is final.” The Appellate Court is unable to determine at this juncture whether all issues in this matter have been adjudicated or whether, at the time this appeal was filed, issues remain to be addressed before the trial court.

The trial court judge has a duty to facilitate the execution and administration of an estate in probate. Accordingly, the trial court judge must be allowed to accomplish these tasks without the burdensome interference of appeals, unless the appellant can demonstrate that immediate or irreparable harm would result from execution of the trial court order.

In the instant case, appellants have not met the requisite criterion. Appellants have failed to establish that execution of the December 4, 1994 Order of the Hoh Tribal Court would cause either immediate or irreparable harm.

4 NICS App. 1, IN RE HUDSON (January 1995) p. 2

This Court would appropriately hear an appeal of a final order or distribution if, after a final adjudication of all the issues in this matter, a party deems such an appeal necessary.

Therefore, it is hereby ordered that the appeal of the December 4, 1994 Order Removing Administrator and Appointing Successor Administrator is denied;

It is further ordered that the December 19, 1994 Motion for Stay and Motion for Supersedeas are denied, and;

It is further ordered that this matter is remanded to the Hoh Tribal Court.