5 NICS App. 114, YOUCKTON v. CTHA (May 1999)

IN THE CHEHALIS TRIBAL COURT OF APPEALS

CHEHALIS INDIAN RESERVATION

OAKVILLE, WASHINGTON

Barbara Youckton, Appellant,

v.

Chehalis Tribal Housing Authority, Respondent.

No. CHE-CIV-11/97-290 (May 14, 1999)

SUMMARY

This matter came before the Court of Appeals on Respondent Chehalis Tribal Housing Authority’s motion to deny appeal. Appellant did not file an opposition brief and had not complied with the Chehalis Tribe’s Rules of Appellate Procedure, Title 17. The Appellate Court orders that the automatic stay be lifted and that Respondent’s Motion to Dismiss Appeal be granted. The matter is remanded to the trial court for enforcement of an Order to Vacate and assessment of damages.

FULL TEXT

Before:            Lorintha Warwick, Chief Justice; Douglas W. Luna, Justice; Rose E. Purser, Justice.

The Chehalis Tribal Court of Appeals convened at 9:30 a.m. on Friday, April 30, 1999, to consider a motion entered on April 16, 1999, by Larry Coyle, Executive Director of the Chehalis Tribal Housing Authority. The Housing Authority’s motion requests that the appeal be denied. In the alternative, Housing Authority requests that Appellant be required to comply with Title 17, §17.10.01, which allows the tribal court to grant a stay of execution of its order pending appeal if:

(1)      An appeal has been filed.

(2)      All money damage award and judgments have been satisfied or a bond has been posted in an amount sufficient to cover such awards and judgments; and

(3)      A bond has been posted by the occupier with the Tribal Court Clerk in an amount equal to one month’s rent or other amount ordered by the tribal court.

Under the Rules of Appellate Procedure, Appellant has perfected her appeal; however, the additional requirement found under §17.10.01 must also be met.

5 NICS App. 114, YOUCKTON v. CTHA (May 1999) p. 115

Section 5.06.010 of the Appellate Rules provides for an automatic stay of trial court judgments except in the case of injunctions and restraining orders. This Court takes judicial notice that §17.10.01 provides further exceptions to the automatic stay. This Court has not received any opposition brief from Appellant within five working days of service of the Motion to Dismiss. Further, Appellant has not complied with the requirements of §17.10.01.

Therefore, based on the foregoing, this Court hereby orders the following:

(1)    The automatic stay is lifted;

(2)    Respondent’s Motion to Dismiss Appeal is granted;

(3)    This matter is remanded to the trial court for:

(a)    enforcement of its January 22, 1998 Judgment and Order to Vacate; and

(b)    assessment of damages.